Volume 75 — Iowa Reports

<p>1. Continuance: change of issues: showing necessary. A party is not, as a matter of right, entitled to a continuance for the purpose of taking further testimony on account of amendments changing the issues. If he has additional testimony which he desires to take to meet the change of issues, he must so show by affidavit. ■ •</p> <p>2. Pleading: action at law : change to equity by amendment. A party is not estopped, by beginning his action at. law, from amending his pleadings before the final submission, so as to change it into an equity action.</p> <p>3. Fire Insurance: policy issued by agent: reformation in equity TO conform to contract. An agent of defendant, who had full authority to enter into contracts of insurance for his principal, issued the policy in question. The contract was for insurance on the property to the extent of three thousand dollars in several companies represented by the agent, and the policy in question was for a part of that sum. But the policy in question provided that it should be void if the insured should obtain additional insurance without the written consent of the company. In an action on the policy, wherein the additional insurance obtained under the contract was relied on as a defense, held that, because plaintiff relied on the agent to write the policy in accordance with the contract, and failed to read the policy to see if he had done so, he was not guilty of such negligence as to bar him of the right to have the policy reformed so as to express the real contract.</p>

— Hon. R. C. Henry, Judge. This action was brought to recover for damages sustained by plaintiff and alleged to have been caused by a defective sidewalk for which defendant was responsible. The cause was tried to a jury, and a verdict returned in favor of plaintiff for four hundred dollars. Judgment was rendered on the verdict, and defendant appeals..

— Hon. C. H. Lewis, Judge. Action to recover possession of real estate on the ground that plaintiffs are the owners thereof. Trial by jury, verdict and judgment for defendant, and plaintiffs appeal,

— Hon. H. C. Traverse, Judge. This is an action at law to recover damages for killing and injuring certain live stock by trains operated by employes of defendant. There was a verdict and judgment for plaintiff, and defendant appeals.

— Hon. R. C. Henry, Judge. Tiie defendant Northgraves executed three mortgages on certain real estate, which were prior liens thereon. Actions were commenced to foreclose such mortgages, and decrees were entered granting such relief. In April, 1886, the defendant Booker obtained a judgment against Northgraves, upon which an execution was issued, and in May, 1886, certain real estate was sold under said execution to said Booker, and a certificate of sale issued to him.

J. K. Johnson, Judge. Plaintiff brought an action against the ward of defendant, aided by attachment. The original notice was served by publication, the defendant was garnished, and judgment was rendered for the sum of $107.55 and costs against the attached property. At the same time judgment was rendered in favor of plaintiff and against the garnishee for the same amount, the ward having been duly served with notice of the garnishment proceedings.

— Hon. O. B. Ayres, Judge. These proceedings involve the validity of certain claims against the estate of Michael Holderbaum, deceased. The district court held said claims to be valid, and approved the same, and the executor of Holderbaum appeals.

— Hon. Scott M. Ladd, Judge. Plaintiee brought an action to quiet in Mm the title to a tract of land. Defendant pleaded that be owned the land, and in a cross-petition prayed that Ms title be quieted against the claim of plaintiff. The district court dismissed the petition, and entered judgment granting defendant tbe relief demanded in tbe cross-petition. Plaintiff appeals.

— Hon. A. W. Wilkinson, Judge. Action to restrain the keeping and for the abatement of a nuisance, commenced on the thirteenth day of January, 1886. On that day plaintiff filed his petition, in which he alleged that Barney Braniff was the owner of lot 20, block 38, in Dallas Centerthat he had established, and was maintaining in a building on said lot, a place for the sale of intoxicating liquors, contrary to law ; and asking for such relief as was authorized by law.

D. J. Lenehan, Judge. This is an action to recover the contract price of a threshing-machine alleged to have been sold by the plaintiffs to the defendants. A demurrer to the answer was sustained, and the defendants appeal.

— Hon. H. C. Traverse, Judge. Plaintiff’s petition, whicli is at law, contains eight counts. The rulings complained of on this appeal, however, relate to questions arising on the first and eighth counts. In the first count plaintiff claims to recover for rent of real estate under a parol lease for a term of years.

— Hon. D. Ryan, Judge. This is an action in equity to set aside the probate of a will, and to enjoin the sale of property by the executor. The district court dismissed the petition, and rendered judgment in favor of defendants for costs. Plaintiffs appeal.

— Hon. Chas. H. Phelps, Judge. The plaintiff asks that a trust in regard to certain life insurance policies be terminated, and the policies surrendered ;■ that certain books of account be revised and amended ; and that he have judgment for damages. A demurrer to the petition was sustained, an amendment to the petition filed, and a demurrer to the amended petition sustained.

— Hon. D. Ryan, Judge. Action to set aside a conveyance of real estate, and to recover rents. The district court rendered a decree setting aside the conveyance, and adjudging that plaintiff: recover of defendant Prank Singmaster the sum of $398.66 for rents. The defendants appeal.

— Hon. R. C. Henry, Judge. In January, 1885, the parties to this action entered into an agreement in writing for the sale and transfer by plaintiff to defendant of certain real and personal property. A part of the consideration for this property was to be paid by defendant in farmers’ notes given for agricultural implements sold at the warehouse of Critchfield, in Mt. Ayr. Some of this paper was to become due on or about the first of January, 1886, and a portion a year later.

<p>Appeal from Jasper District Court. — Hon. W. R. Lewis, Judge.</p> <p>This is an action upon a promissory note. There was a demurrer to the petition, which was sustained, and plaintiff appeals.</p>

— Hon. John N. Rogers, Judge. This was a prosecution under an ordinance of the city of Davenport, for peddling and hawking goods in said city without a license. Defendant was acquitted, and the city appeals.

— Hon. E. L. Burton, Judge. Action upon a lease granting the right to mine coal. Plaintiffs seek to recover damages for the breach of an implied covenant for quiet enjoyment, and also to recover the value of certain buildings erected on the premises, which the defendants converted to their own use. Trial to the court, and judgment for defendants. Plaintiffs appeal.

— Hon. Scott M. Ladd, Judge. Action for the recovery of damages for a personal injury sustained by plaintiff while in defendant’s employ as a brakeman on one of its trains. The injury is alleged to have been caused by the negligence of defendant and its employes in the management of the train. There was a verdict and judgment for plaintiff and defendant appeals.

<p>Beal Estate: evidence to assail legal title. Evidence to establish that a deed absolute on its face was intended to be a mortgage or that the real estate described therein belongs in fact to some other person than the grantee, must be clear, satisfactory and conclusive (see cases cited in opinion), and the evidence on which defendant’s title in this case is assailed is not of that character.</p>

— Hon. O. B. Aykes, Judge. Plmntiee is a real-estate broker. He brought this action to recover a commission for services which, he alleges he performed for defendant in procuring a purchaser for a farm. There was a verdict and judgment for defendant. Plaintiff appeals.

— Hon. Gíeorgke W. Wakefield, Judge. In August, 1877, J. L. Hamiel was appointed guardian of the plaintiffs, who were his minor sons. The plaintiffs held the title to certain wild and unproductive land in Lyon county. The said guardian made an application to the circuit court of Cedar county for an order to sell said real estate. The order was granted, and the sale was made to one W. C. Long, and the sale and deed were approved by the court.

— Rots. A. W. WILKINSON, Judge. Action at law; trial to the court; finding of facts, and judgment for the defendants. The plaintiff appeals.

— Hon. John L. Stevens, Judge. This is an action of replevin to recover a well-auger and a horse-power. The plaintiffs claimed to be the absolute owners of the property. The defendant, by his answer, claimed to be the owner by purchase from the plaintiffs. There was a trial by jury, which resulted in a verdict for the defendant. A motion for a new trial was sustained. From the order granting a new trial the defendant appeals.

— UoN. W. F. Brahman, Judge. Action to recover four hundred and ninety-nine dollars for damages alleged to have been sustained by reason of negligence on the part of defendant. The case was tried to a jury, and verdict and judgment rendered in favor of plaintiff for four hundred and fifty dollars. The defendant appeals.

— Hon. D. D. Miracle, Judge. Tiie defendant, who is a constable, levied an execution in favor of Minor & Jones and against one Shaver, upon a harvester and binder. Plaintiff brought this action to recover the value of the machine under a chattel mortgage executed by Shaver to plaintiff. There was a trial by jury, and a verdict and judgment for defendant. Plaintiff appeals.

— Hoít. Jorisr L. Steveits, Judge. This action is based upon two written instruments signed by the defendants, and by which, the plaintiff claims the defendants are liable to pay to the plaintiff in the aggregate the sum of three thousand dollars.

— Hon. C. F. Couch, Judge. Plaintiff is tlie owner of the southwest quarter of section 10, township 8?, range 16, in Grundy county. He alleges that the northwest corner of said premises has been lost, and that its exact location is now in dispute. He therefore asks to have it restored and established. A commissioner was appointed under the provisions of chapter 8, Laws Fifteenth General Assembly, who proceeded to make a survey and take testimony as provided by law.

The plaintiffs are judgment creditors of the defendant Robert Mastin, and brought this action to subject to the payment of their several judgments certain real estate which he conveyed to his wife and two sons.., Judgment was rendered for the defendants Leonora and George W. Mastin, and against the defendant Alanson Mastin. Both parties appeal.

— Hon. Dell Stuaet, Judge. Action in equity to quiet in plaintiffs the title to certain real estate. Judgment for plaintiffs, and defendants appeal.

— Hon. J. H. Henderson, Judge. On the twenty-sixth, day of August, 1885, this action was commenced against defendants J. S. Hanford andE. B. Gundrum to recover the sum of $396.50, alleged to be due from them to plaintiff. On the same day a writ of attachment was issued in aid of the action, and served by garnishing appellant on the day following. Judgment was rendered in favor of plaintiff and against Hanford, on the eighth day of October, 1885, for $296.70 and costs.

<p>Habeas Corpus: custody op child op divorced parents : commitment to stranger. The parties hereto had been divorced, and the contention was as to the right to the custody of their child of tender years. The evidence (see opinion) showed that the mother was not a fit person to have the custody of the child, and the court decreed that it should be placed in the custody of her brother. Held that this was error, as it did not affirmatively appear either that the brother was a proper person to be entrusted with the child, nor that the father was not such a person ; the rule being that a child should not be taken from its parents and committed to., another without an affirmative showing of the unfitness of the parents, and the fitness of such other person.</p>

— Hon. J. J. Net, Judge. Plaintiff seeks to recover tlie amount due on a promissory note made by defendant and one Lancelot Platt, now deceased. The making of the note is admitted, but defendant avers that he signed the same as surety only, and pleads several defenses based on the alleged suretyship. He also claims payment of the note, that he has been released from liability, and other defenses.

— Hon. Carl F., Couch, Judge. Action in equity to set aside a conveyance of real and personal property,- and for other relief. The district-court rendered a decree setting aside the conveyance, as prayed. The defendants appeal.

— Hon. W. R. Lewis, Judge. Action on a promissory note for upward of seven thousand dollars, executed in 1880 by the defendant, and payable to the plaintiff, with interest at eight per cent., which note, the plaintiff alleged, had been obtained from him by the defendant by fraud. The defendant admitted the execution of the note, and pleaded that in 1886 the plaintiff had made a voluntary gift of the note to him.

— How. S. M. Weaver, Judge. This is an action in equity, the object of which is to restrain the collection of a tax levied to aid in the construction of the Webster City and Southwestern Railroad, upon the grounds that said tax is illegal and void. There ivas a full trial in the district court, and the petition of the plaintiffs was dismissed. They appeal.

— Hon. John H. Henderson, Judge. Plaintiff is the assignee of a number of claims against the county for the fees and mileage of witnesses for the defense in criminal causes. The board of supervisors refused to allow the claims. This action was brought to enforce payment. The district court sustained a demurrer to the petition, and plaintiff appeals.

— Hon. S.' M. Weaver, Judge. Action on a promissory note. As a defense the defendants pleaded accord and satisfaction. The court directed the jury to find for defendants, and judgment was accordingly entered, and plaintiff apx>eals.

— Hon. GtEorg-e H. Carr, Judge. This is an action upon an account for goods and merchandise sold and delivered. There was a demurrer to the petition, which was sustained, and plaintiffs appeal.

— Hon. C. P. Couch, Judge. Action to establish plaintiff ’ s ownership of certain personal property, and to reform a written contract for the sale thereof by the defendant to the plaintiff. The relief asked was granted, and the defendant appeals.

— Hon. S. M. Weaver, Judge. Action to recover damages for a horse killed and a wagon broken by a train on defendant’s road, when being driven by plaintiff across defendant’s tracks within the limits of the depot grounds. Trial by jury. Under direction of the court the jury rendered a verdict for defendant, and plaintiff appeals.

— Hon. E. E. Miracle, Judge. Action in equity to restrain the sale of real estate in satisfaction of a judgment alleged to be void. The petition was filed December 22, 1885, and a temporary writ of injunction was issued to restrain the sale. On the eighteenth day of February, 1886, an answer was filed, which denied the alleged invalidity of the judgment in question.

— Hon. G. W. Ruddick, Judge. This is an action to recover double the value of two horses, which it is alleged were killed by a train of the defendant, at a point on its railroad where it had the right to fence its right of way and track, and failed to do so. There was a verdict and judgment for the defendant. Plaintiff appeals.

— Hon. J. K. Johnson, Judge. This action was brought in justice’s court. In the original notice plaintiff claimed ninety-nine dollars as debt and damages. On the day of trial he filed a petition, in which he claimed several items of damages for alleged breaches of a lease of real estate; also a number of items for work and labor. The aggregate of all the items was $124.83, but it was alleged that plaintiff remitted all of the claim except ninety-nine dollars.

Plaintiff seeks to recover of defendant for an alleged breach of promise of marriage and for seduction. There appears to have been a trial to a jury, and a verdict and judgment for defendant. Plaintiff appeals.

— Hon. D. Ryan, Judge. In their original'petition plaintiffs alleged that they were buyers and shippers of cattle and hogs, and that from the second day of June, 1879, to the date of bringing the suit, which was August 19, 1885, they had shipped three hundred and fifteen cars of stock over defendant’s railway to the Union Stock Yards at Chicago ; that during all of that time defendant’s published schedule of charges from all stations in Jasper county, that being the county…

— Hon. D. Ryan, Judge Action for the recovery of damages for the breach of an alleged contract for the sale of the good-will of a business. Verdict and judgment for defendant. Plaintiffs appeal.

— Hon. R. C. Henry, Judge. This is an action in equity, and involves the validity of a tax title to eighty acres of land. There was a decree for the plaintiff, and defendant appeals.

— Hon. H. C. Henderson, Judge. Action of mandamus to compel defendant, as treasurer of Boone county, to pay to plaintiff the sum of $455.89. It is shown that this sum of money was paid to the treasurer of Boone county on account of taxes levied to aid plaintiff in the construction of a railway.

— Hon. D. D. Miracle, Judge. Plain tire is the owner of the south one-half of the northwest one-fourth of section 29, township 89, range 29, in Webster county, and seeks to recover of defendant for an alleged trespass upon it. The defendant, as supervisor of the road-district in which this land was situated, entered upon it, and removed the fences on the east and west boundary lines thereof at points where he claimed they obstructed a public highway.

— Hon. J. L. Stevens, Judge. Action of mandamus. The petition of plaintiff alleges that on or about the twentieth day of September, 1886, she deposited with the clerk of the district court of Marshall county the sum of one hundred dollars as security for the appearance of one Minnie Cummings to answer to an indictment found against her at the then ensuing November term of said court; that at said term said Minnie Cummings failed to appear, and was defaulted and her security…

— Hon. George H. Carr, Judge. This is an action in quo warranto to determine who is the treasurer of the school-district township of West Bend, in Palo Alto county. The plaintiff filed the petition, claiming that he was the duly-elected and qualified treasurer, and that the defendant was unlawfully usurping, said office, and a judgment of ouster was prayed against the defendant. A demurrer to the petition was overruled, and the defendant appeals.

— Hon. D. D. Miracle, Judge. This is an action for divorce. There was a decree in the court below dismissing the petition, and plaintiff appeals;

— Hon. J. L. Stevens, Judge. Action to foreclose a chattel mortgage. The defendant answered, and pleaded that the note and mortgage were not the property of the plaintiff, but belonged to F. W. Gardner, her husband ; and pleaded a tender to the latter. Certain creditors of F. W. Gardner intervened, and pleaded that the plaintiff and her husband had conspired to defraud them, and asked that the note and mortgage be decreed to belong to F. W. Gardner, and for general relief.

<p>Statute of Limitations: breach or covenant or seizin and or right to convey. Covenants of seizin and of good right to convey are synonymous, and if at the time of conveyance the grantor does not own the land the covenant is broken immediately (Brandtv. Foster, 5 Iowa, 287-295), and a right of action at once accrues, and is barred by the statute after the lapse of ten years, under section 2529 of the Code.</p>

—Hon. A. B. Thornell, Judge. This is an action in equity by wMcli the plaintiff seeks to set aside a judgment at law against her on the ground that the justice of the peace who rendered the judgment had no jurisdiction of the plaintiff, because she was not at any time served with an original notice of the action. There was a decree dismissing the plaintiff 5 s petition, and she appeals.

— Hon. H. S. Pair all, Judge. Action for divorce on the ground of cruel and inhuman treatment endangering the life of plaintiff. The district court entered judgment in accordance with the prayer of the petition. Defendant appeals.

— Hon H. E. Deemer, Judge. This action was commenced by Robert Cochrane in his lifetime to restrain the defendant from trespassing on certain real estate which belonged to the deceased, as he claimed, and asking such other relief as he was equitably entitled to.

— Hon. A. B. Thornell, Judge. The defendant was indicted, tried and convicted for obtaining property by false pretenses, and he appeals.

<p>Appeal from, Page District Court. — Hon. A. B. Thornell, Judge.</p> <p>The facts are stated in tlie opinion.</p>

— Hon. D. D. Miracle, Judge. The plaintiff and the defendant were formerly husband and wife. They were divorced upon the complaint of the plaintiff, in April, 1886. There was one child, the issue of the marriage, the custody of which was awarded to the plaintiff, and she was allowed alimony in the sum of five hundred and twenty-five dollars, which has been fully paid.

— Hon. G-eoeg-e H. Carr, Judge. Action to restrain a nuisance caused by tire selling and keeping for sale intoxicating liquors. Judgment for the plaintiff, and tlie defendants appeal.

- Appeal from, Story District Court. — Hon. S. M. Weaver, Judge. Action on a promissory note executed by the defendant. An attachment was issued, and certain personal property attached. Thereupon the intervenors filed petitions claiming the property under chattel mortgages. The plaintiff pleaded that the mortgages were fraudulent, because they were given for the purpose of hindering and defrauding creditors of the defendant.

— Hon. J. L. Stevens, Judge. The petition alleges, in substance, that on or about the twenty-sixth day of May, 1887, the plaintiff sold to defendant a part of a certain town lot, and received in payment one hundred and fifteen acres of land ; that at the time of the sale there was a mortgage of thirty-five hundred dollars on the lot, on which there was then due interest to the amount of one hundred and fifty dollars; that at the time of the sale it was the duty of plaintiff…

— Hon. C. T. Granger, Judge. On the sixth day of March, 1887, the plaintiff filed his petition in this cause, in which he charges that defendant has established and is now maintaining on lot 4, in block 4, Park addition to Oresco, in Howard county, a place for the illegal sale of intoxicating liquors; that defendant has heretofore sold and continues to sell in said place intoxicating liquors as a beverage, and owns intoxicating liquors which, are kept in said place for the…

— Hon. C. F. Loofbourow, Judge. This is a proceeding in certiorari by winch it is sought to reverse the order and judgment of the district court of Cass county in an alleged contempt of said court in violating an injunction issued in an action to restrain and abate a nuisance. The plaintiff was held in contempt, and a fine of five hundred dollars was adjudged against him.

— Hon. Lot Thomas, Judge. Action upon a promissory note, which was executed by the defendants H. C. & S. H. Lamar to their co-defendant William Conley, on the fourteenth day of September, 1885, due eight months after date. On the twenty-third day of December, 1885, the defendant William Conley transí erred the note to the plaintiff, and by a separate instrument in writing guaranteed the payment thereof.

— IIon. 0. F. Loofbourow, Judge. This is an action at law, by wliicli plaintiffs, as appears from the averments of their petition, seek to recover of the defendant the sum of nine hundred dollars and interest for money advanced to defendant to be repaid by defendant. In other words, the cause of action set forth in the petition is to recover for money loaned. The answer was a general denial. There was a trial by jury, and a verdict and judgment for the plaintiffs.

Appeal fram MahasTca District Court. — Hon. D. Ryan, Judge. This action was brought before a justice of the peace, where a trial was had by jury, and a verdict was rendered for the plaintiff for forty dollars. The suit was founded upon a claim for damages for killing a cow by a train on the defendant’s railroad. After the verdict was returned, the plaintiff filed a remittitur of all the claim in excess of $24.99. Judgment was entered for that amount.

— Hon. C. T. Granger, Judge. The defendant was convicted of the crime of nuisance, and he appeals from the judgment pronounced against him.

— Hon. D. D. Mibacle, Judge. Defendant was convicted of the crime of nuisance by the verdict of a jury, and the court pronounced judgment against him imposing a fine, and he appeals.

— Hon. George H. Carr, Judge. ■Action in equity to quiet tlie title to real estate. After a trial by the court tbe petition of plaintiff was dismissed, and lie appeals.

— Hon. Charles H. Pi-ielrs, Judge. Action in equity to partition certain real estate. Prom a decree directing partition to be made defendants appeal. The facts are stated in the opinion.

— Hon. O. JB. Ayres, Judge. • This is an action in equity, by which plaintiff seeks to set aside and annul certain mortgages upon a stock of drugs made by her deceased husband to certain of his creditors, upon the ground that at the time he executed the mortgages he was mentally incapable of entering into any contract or transacting any business. There were two cases involving the same questions.

— Hon. H. E. Deemeb, Judge. This is an action in equity, in which the plaintiff seeks to enjoin the defendant from obstructing the natural flow of the West Nodaway river, by which proposed obstruction it is claimed that the lands of the plaintiff will be inundated and overflown by the waters of said stream. There was a trial to the court, and a decree for the plaintiff. Defendant appeals.

— Hoe. L. Gr. Kieee, Judge. Oe the eigh fceenth day of February, 1887, the plaintiffs commenced hauling oats to the elevator of F. C. Huntley, in Ogden, and on the third day of the next March completed the delivery thereat of about fifteen hundred and eighty-six bushels. On the twenty-fourth day of June, 1887, Huntley failed, and defendants took possession of all the oats in his elevator, amounting to about two thousand bushels.

— Hon. J. B. Clelahd, Judge. The petition of plaintiffs shows that during the year 1886 the board of supervisors of Mitchell county was… Held: and the action had at the June meeting, which adopted the report of the committee first appointed, and appointed another committee to let the contract for and superintend the construction of the bridge, was reconsidered, and the special committee last named was discharged; that defendant Horton was present at the special session of…

— IIoN. John H. Henderson, Judge. Action upon a promissory note. The district court, on plaintiff’s motion, struck out the second and third divisions of the answer, on the ground that the matters pleaded constituted a counter-claim, and that the Same did not arise out of the contract set out in the petition, and constituted a cause of action in favor of defendant Rose alone. The only question arising upon the appeal is as to the correctness of that ruling.

Appealfrom Palo Alto District Qourt. — How. Geobg-e H. Cabr, Judge. On the twenty-second day of January, 1886, the defendant leased to plaintiff a farm in Palo Alto county for the term of five years, commencing on the first day of March, 1886, and also a quantity of personal property, consisting in part of agricultural i implements, stock, hay and grain.

— Hon. Charles H. Phelps, Judge. Appeal from an order of the court overruling, a motion filed by the plaintiffs to strike a bill of exceptions from the files.

— Hon. H. S. Fairall, Judge. The plaintiff brought this action to recover the value of a gold watch, of which he claimed to be the owner, and which he alleged the defendant converted to his own use. A motion for a more specific statement of the cause of action was filed, whereupon plaintiff filed an amendment to the petition.

— Hon. J. M. Casey, * Judge. Action to recover damages lor personal injuries sustained by plaintiff while in the employ of defendant, through its negligence. There was a judgment on a verdict for plaintiff. Defendant appeals.

— Hon. GK W. Ruddick, Judge. Action in equity, and the relief asked is an injunction to restrain the defendants from the commission of a nuisance by selling and keeping for sale intoxicating liquors in a certain building on real estate owned by the appellant. The relief asked was granted, and the brewing company appeals.

— Hon. George Carson, Judge. Action to recover the possession or the value of certain personal property. Trial to the court, judgment for the plaintiff, and the defendant appeals.

Lot Thomas, Judge. Action to redeem land sold for delinquent taxes, and to quiet the title thereto in plaintiff. The cause was tried to the court, and a decree rendered in favor of plaintiff. The defendant appeals.

— Hon. J. M. Caset, Judge. Action in chancery to restrain and enjoin defendant from maintaining a nuisance by keeping a saloon wherein are sold intoxicating liquors in violation of law. The district court entered a judgment against defendant for costs, but dismissed the petition of the plaintiff and intervenor. The intervenor Andrews appeals.

— Hon. J. W. Harvey, Judge. Action in equity to foreclose a mortgage cm real estate. Judgment was entered against the mortgagor, Garner, by default. Windson & Cathcart were made defendants, and it was alleged that the interest claimed by them in the mortgaged premises was inferior to the lien of the mortgage. They answered alleging a senior lien on the property under a judgment against Garner. The judgment determined that theirs is the superior lien. Plaintiffs appeal.

— Hon. John B. Cleland, Judge. Action for the recovery of damages for a personal injury caused, as was alleged, by a defect in a public highway which defendant was bound to maintain. Verdict and judgment for defendant. Plaintiff appeals.

— TIon. O. B. Ayres, Judge. On the twenty-second day of November, 1886, the plaintiff filed his original petition, in which he demanded judgment against defendants Joshua and William Morrison for the amount of three promissory notes set out in the petition. Judgment was rendered against Joshua.

<p>Specific Performance: conveyance of land : bad faith of plaintiff. Defendant told plaintiff that he had withdrawn certain real estate from sale. Within forty-eight hours, at the farthest, after being so informed, plaintiff resorted to defendant’s agents and procured from them a contract for the purchase of the land. They had had no notice of the withdrawal, and plaintiff did not inquire as to the date of the authority under which they acted. Reid that he acted in bad faith in procuring the contract, and that equity would not enforce it at his suit.</p>

- — IIon. W. R. Lewis, Judge. On the twenty-first day of July, 1881, the plaintiff and the defendant entered into a written contract for the building of a courthouse. By the terms of the contract the building was to be completed by the first day of May, 1883.

— Hon. J. P. Conner, Judge. Action in equity to cancel certain judgments. The petition also contained a general prayer for relief. The district court sustained a demurrer to the petition, and, plaintiff refusing to amend, judgment was entered against him, and he appeals.

— Hon. J. J. Ney, Judge. Action on a promissory note, of which the following is a copy: “Independence, Iowa, July 18th, 1884. “One year after date, value received, we promise to pay Daniel Heffner, or bearer, two hundred dollars, with eight per cent, from date until paid. Payable at Independence, Iowa, with reasonable attorney’s fees if sued.

— Hon. D. Ryan, Judge. Action iu equity to subject certain real estate' to tlie payment of a judgment against tbe defendant A. C. Gates. There was a demurrer to the petition, which was sustained, and, defendants electing to stand thereon, the relief asked by plaintiff was granted.

<p>Appeal from Jasper District Court. — Hon. J. K. Johnson, Judge.'</p> <p>Action on a life insurance policy. A demurrer to the petition was sustained, and plaintiffs appeal.</p>

— Hon. H. C. Traverse, Judge. Action in chancery to establish and enforce a lien claimed by plaintiff upon funds in the hands of one of the defendants. There was a decree granting the relief prayed for by' plaintiff. A part of the defendants appeal.

EL E. Deemer, Judge. Action in equity to restrain the collection of a special assessment on real estate owned by the plaintiff, made by the city of Council Bluffs. The relief asked was granted, and the defendants appeal.

— Hon. J. J. Ney, Judge. Plaintiff was treasurer of the defendant city from March, 1886, to March, 1887. He brought this action to recover the compensation allowed by the ordinances of the city for collecting and disbursing certain moneys belonging to the city, which came into his hands during his term of office. The district court, at the close of the evidence, directed a verdict for plaintiff, and entered judgment thereon. Defendant appeals.

— Hon. H. C. Traverse, Judge. The plaintiff claims that in February, 1886, it made a verbal agreement with defendant to the effect that on all shipments of stock to be made by plaintiff from Seymour, Iowa, to Chicago, the defendant would pay to plaintiff a rebate of $19.50 from the regular schedule rate of fifty-two dollars on each car-load of stock so shipped ; that during the year 1886, and the month of January, 1887, plaintiff shipped from Seymour to Chicago, over…

— Hon. S. M. Weaver, Judge. This is a proceeding under tlie statute (Laws 1874, ch. 8) for the establishment of a lost corner. The corner in dispute is the quarter corner between sections 14 and 23, in township 89, range 30. The commissioners appointed by the court made a report in which they designate a point on a right line between the section corners east and west of the corner in dispute, and equidistant from them, as the true location of the corner.

<p>Appeal from Calhoun District Court. — Hon. J. P. Conner, Judge.</p> <p>The facts are stated in the opinion.</p>

— Hon. R. C. Henry, Judge. This is an agreed case in which the parties seek a determination of their respective adverse claims to the rent of certain real property. The judgment in the court below was for defendant. Plaintiff appeals.

<p>1. Surety: CONSENT TO EXTENSION OP time: LIABILITY. A surety on a note, who, after it is due, makes a payment thereon, and, acting at the instance of the principal, indorses thereon an extension of time at an increased rate of interest, does not thereby render himself liable as a principal debtor.</p> <p>2. -: notice to sue : removal op principal prom state : discharge. Where the holder of a note neglects either to bring suit thereon, or to allow the surety so to do, when requested according to statute, the surety will be discharged, notwithstanding the principal has removed from the state. (Code, secs. 2108, 2109).</p> <p>3. Evidence: secondary : on point admitted. The admission of secondary evidence upon a point alleged in the answer, and admitted by plaintiff in answer to special interrogatories appended to the answer, is no ground for reversal.</p>

— Hon. L. Gf. Kinne, Judge. This is an action upon a policy of insurance against loss or damage by fire. There was a trial by jury, and a verdict and judgment for plaintiffs. Defendant appeals.

On the sixteenth day of February, 1885, the copartnership of P. R. Hooker & Son, of which P. R. Hooker and his son W. F. Hooker were the only members, made a general assignment for the benefit of creditors.

— Hon. Charles H. Phelps, Judge. Action by plaintiff, who was an officer of defendant, charged with the custody and disbursement of its money, to recover for payments made by him on a claim that he was in arrears in his accounts. The case was sent to a referee, and, on exceptions to his report, recommending judgment for plaintiff, it was set aside, and judgment was rendered for defendant on the ground that the action was barred by the statute of limitations.

<p>Appeal from, Boone District Court. — Hon. John L. Stevens, Judge.</p> <p>Action in equity. The petition contained a general prayer for relief upon the facts alleged, which are stated in the opinion. The judgment was for defendants and plaintiffs appeal.</p>

— Hon. John J. Ney, Judge. Plaintiff brought an action at law, on a money demand, against defendant Stewart, and sued out a writ of attachment, under which certain personal property was seized. Griffin intervened, claiming the property under a deed of assignment executed by Stewart before the attachment was levied.

— Hon. J. H. Preston, Judge. This is an action to recover for a personal injury, and for damages to a liorse and buggy, occasioned, as is alleged, by the negligence of a flagman at a street crossing of the track of the defendant’s railroad, and the tracks of the Chicago & Northwestern Railway Company, and the Burlington, Cedar Rapids & Northern Railway Company. There was a trial by jury.

<p>Appeal from Tama District Court. — Hon. J. D. GÍTEEEN, Judge.</p> <p>Action in equity. Judgment for plaintiff' and defendants appeal.</p>

— Hon. J. H. Macomber, Judge. Action on an official bond. Defendant Woods was elected clerk of the district court for the term commencing the first Monday of January, 1887. The other defendants are the sureties on the bond, and they alone defend in the action. One of the conditions of- the bond is that the principal would pay over to the officer or person entitled to receive the same all moneys which should come into Ms hands by virtue of his office.

— Hon. Dell. Stuart, Judge. Action in equity to restrain the maintenance and for the abatement of an alleged nuisance. A demurrer to the petition of plaintiff was sustained. Plaintiff electing to stand upon its petition, judgment was entered in favor of defendants. The plaintiff appeals.

<p>Instructions: conflict : verdict : judgment not warranted. In an action on a note given for borrowed money to plaintiff’s husband, plaintiff alleged that she was the owner of the note. One of the defenses was that the note was executed on an usurious contract, and that plaintiff was neither the assignee nor owner of it. The eleventh instruction was to the effect that plaintiff had the burden to show her ownership of the note. One paragraph of the fourteenth instruction was as follows : “If you find from the evidence that the note has not been paid, or settled and adjudicated, but that at the time of making said note, as a part of the contract thereof, usurious interest was agreed upon, then, after filling in the sum loaned, and date of said loan, your foreman should sign verdict number 2.” In accordance with this instruction the jury returned the following verdict: “ We, the jury, find that the amount loaned * * * was §70, and that said loan was made on the 7th day of June, 1877.” Held—</p> <p>(1) That the fourteenth instruction was repugnant to the eleventh, in that the jury would understand therefrom, and did understand, that in case they found the facts as stated in the fourteenth instruction, they should find verdict number 2 for plaintiff, without finding that she was the owner of the note.</p> <p>(2) That because said verdict did not show a finding upon the issue as to the ownership of the note, nor a general or special finding for the plaintiff, it did not authorize a judgment for plaintiff for the amount loaned, and for the school fund for usury found by the court.</p>

— Hon. Geo. Carson, Judge. Action to recover a stock of goods, wares and merchandise, or the value thereof. Trial by jury, verdict and judgment for the plaintiff for the value of the goods. The defendants appeal.

L. G-. Kinne, Judge. Plaintiee is the widow, and defendant the mother, of William H. Primmer, who died on the sixth of April, 1887. After his death, an instrument purporting to be his last will and testament was filed with the clerk of the district court of the county. He left no surviving children and by the will all of his property was devised to the widow.

— Hon. C. F. Looebourow, Judge. Action to recover specific personal property. It was commenced by plaintiff in August, 1882, against S. H. Redmon, constable. In October, 1882, B. Overman intervened, claiming to be the owner of the property, and the proceedings thereafter had were between plaintiff and intervenor. The cause was first tried in April, 1884, and verdict and judgment were rendered in favor of intervenor.

— Hon. John W. Harvey, Judge. The board of supervisors of Adams county took action under chapter 197, Acts Twentieth General Assembly, to determine in which newspaper of the county the proceedings of the board of the county should be published. From this action the plaintiff appeals.

<p>Appeal from Tama District Court. — Hon. L. G-. Kinne, Judge.</p> <p>Action in equity. The facts are stated in the opinion-</p>

— Hon. John W. Harvey, Judge. This is an action in equity to enjoin and abate a saloon nuisance. The suit was commenced in the name of the state by the county attorney. There was a general denial on the part of the defendants, and upon a trial a decree was entered providing for the abatement of the alleged nuisance. Defendants appeal.

— Hon. A. B. Thornell, Judge. Plaintiff seeks to recover for injuries alleged to have been inflicted by defendant. The cause was tried to a jury, and a verdict returned in favor of plaintiff. Judgment was rendered on the verdict, and defendant appeals.

<p>Appeal from, Jones District Gourt. — Hon. Jas. D. Gtiffen, Judge.</p> <p>Action in equity. Judgment for the defendants, and the plaintiff appeals.</p>

— Hon. S. M. Weaver, Judge. Plaintiffs own a tract of land in Lehigh, on which is situated a two-story building. The lower story is used for business purposes, and the second story as a residence. Defendant constructed its railway in the street upon which the property abuts, and this action was brought for the recovery of damages for the injury to • the property occasioned thereby. There was' a verdict and judgment for plaintiffs. Defendant appeals.

— Hon. Scoti M. Ladd, Judge. Action to redeem from a mortgage. The defendant demurred to plaintiff’s petition. The demurrer was overruled, and, plaintiff standing thereon, a decree was entered dismissing his petition.

— Hon. A. B. Thobnell, Judge. Oh the eighth day of May, 1886, plaintiff commenced an action at law against Charles O. Gish and Harvey L. Gish, and on the eleventh day of the next August recovered judgment therein against both of said defendants for $211.53, and costs. The action was aided by an attachment against the property of Harvey, which was served by garnishing Francis M. Gish and John S. Gish on the day the action was commenced.

— Hon. A. B. Thoenell, Judge. Action to recover the amount of payments alleged to have been made for intoxicating liquors sold in violation of law. There was a trial to a jury, and a verdict and judgment for plaintiff. The defendant J. Rosenfield appeals.

— Hon. J. M. Casey, Judge. Action to foreclose a mortgage on real estate. The defendants pleaded that the note secured by the mortgage was executed in settlement of losses and differences in the purchase and sale of pork on the board of trade in Chicago ; that it was never contemplated that the pork would be delivered, but the purchase or sale thereof was a mere wager or gambling contract, and therefore there was no legal consideration for the note.

— Hon. George W. Wakeeield, Judge. Action to recover double the value of a colt owned by plaintiff which was killed by a train on defendant’s road at a place where it had the right to fence its track. There was a judgment on a verdict for plaintiff. Defendant appeals.

— Hon. W. F. Brannan, Judge. The plaintiff is the widow of Henry Bock. She claims that at the time of the death of her husband he was a member of the Ancient Order of United Workmen, and that she is entitled to receive from said order the sum of two thousand dollars, as the beneficiary, by reason of the death of her said husband.

— Hon. J. K. Johnson, Judge. Action to recover damages sustained by plaintiff from injuries inflicted upon him by an assault and battery of the defendants. There was a judgment upon a verdict against both defendants. John Stilwell alone appeals.

— Hon. J. H. Preston, Judge Action at law. Trial by jury. Yerdict and judgment for the plaintiff for eight hundred and seventy-two dollars. The defendant appeals.

— Hon. S. M. Weaver, Judge. Action for tlie recovery of specific personal property. Plaintiffs claim under a chattel* mortgage executed by Hall & Co. Defendant seized the property by virtue of three writs of attachment sued out by creditors of the mortgagor.

— Hon. A. B. Thornell, Judge. This is an action in the nature of a creditor’s bill, by which plaintiff seeks to set aside a transfer of one hundred and sixty acres of land made by the defendant Walrod to defendant Nellie Book, and subject said land to the payment of a judgment held by plaintiff against said Walrod. There was a decree for plaintiff, and defendant appeals

— Hon. L. G-. Kinne, Judge. On the eighth day of December, 1886, H. K. Lauderbaugh, the defendant in this case, commenced an action against B. Gr. Lyman, the plaintiff herein, aided by attachment, to recover the sum of six hundred dollars. The petition alleged that the money was due for money and property wrongfully taken by Lyman, and converted to his own use, and that he was about to dispose of his property with intent to defraud his creditors.

— Hon. J. H. Maoomber, Judge. The plaintiff was assessed for taxation for tlie year 1887, by the town council of Grand Junction, upon ten thousand dollars worth of merchandise. He appealed to the district court, where a trial was had, and a decree was entered for the defendants. Plaintiff appeals.

— How. John T. Stoneman, Judge. On the twenty-fifth day of March, 1887, the plaintiffs, A. B. G-eorge, Weeks & Co., filed their petition in this action, in which they alleged that on the thirty-first day of January, 1887, they sold and delivered to defendants, Swafford Bros, and others, merchandise, for prices amounting, in the aggregate, to $1,028.72, all of which was due and unpaid.

— Hóh. A. W. Wilkinson, Judge. ActjqN upon a promissory note. The cause was tried without a jury, and judgment was rendered for defendant. Plaintiff appeals.

— Hon. Lot Thomas, Judge. DEFENDANT Espeset was treasurer of Emmet county from January 1, 1882, to January 1, 1884, and the other defendants are the sureties on his official bond. This is an action on the bond to recover the sum of four hundred and fifty dollars, which, as is alleged, came into the hands of the treasurer for plaintiff, and which he did not pay over either to it or to his successor in office.

<p>Beal Estate: tax title : conveyance with warranty : failure of TITLE : TAXES PAID BY WARRANTOR : INTEREST IN LAND. Where the owner of a tax title conveys with warranty, and the title fails, but a judgment is rendered in his favor for taxes paid by him on the land, and the amount thereof is in court, and afterwards a judgment is rendered against him on his covenant of warranty, he cannot claim that he had an interest in the land to the extent of the judgment for taxes, and that he is entitled to credit for that amount on the judgment against him on the warranty.</p>

—Hon. Scott M., Ladd, Judge. Defendants filed motions in these cases to set aside a judgment rendered in each, which were overruled. The defendants in each case appeal.

This is an original proceeding in this court, the object of which is to review the action of the district court, refusing to punish one Hagensick for contempt in disobeying an injunction.

— Hon. Dell Stuart, Judge. Action in equity to subject certain real estate, the title to which is in the defendant Mary Glenny, to the payment of a judgment against the defendant William H. Glenny, on the alleged ground that the property was conveyed to Mary Glenny in fraud of the creditors of William H. Glenny, who is her husband. There was a decree in the court below dismissing the petition, and the plaintiffs appeal.

— Hon. J. H. Preston, Judge. On tbe seventh day of February, 1887, defendant Fink executed to intervenor Shawver a chattel mortgage covering a stock of merchandise in a building then occupied by him as a general store ; also the furniture and fixtures therein, and all book-accounts and notes pertaining to the business, to secure two promissory notes, one for five hundred and twenty dollars, and the other for nine hundred dollars, due, respectively, in sixty days and six…

— Hon. J. H. Macomber, Judge. Action in equity to subject real estate in Oalbqun county to the lien of a judgment. On the twenty-seventh day of March, 1884, the defendant Lent, being then the owner of the land in question, conveyed it to defendant H. J. Griswold. The instrument of conveyance was in form a warranty deed, but was intended to secure the payment of money, and was recorded two days after its execution.

— Hon. J. H. Peeston, Judge. The plaintiff seeks by this action to recover damages for trespass upon certain real estate. There was a trial by jury. The court directed a verdict for the defendant. The plaintiff appeals.

— Hon. J. K. Johnson, Judge. Action to recover double the value of a mare alleged to have been killed by a train on defendant’s railroad, at a place where the right to fence existed. There was a judgment upon a verdict for plaintiff. Defendant appeals.

— Hon. J. T. Stoneman, Judge. The plaintiff was a car-repairer or inspector in tlie employ of the defendant, and brought this action to recover damages for an injury received while engaged in the performance of his duties. Trial by jury, verdict and judgment for the plaintiff, and the defendant appeals.

— Hon. J. H. Peeston, Judge. Action to recover for damages alleged to have been caused by the failure of defendant to rebuild a bridge which had been washed away, and to guard the approaches thereto. There was a trial to a jury, and verdict and judgment for defendant. Plaintiff appeals.

— Hon. J. K. Johnson, Judge. Action to quiet the title in plaintiff to certain city lots. Upon a trial on the merits there was a decree for plaintiff. Defendant appeals.

— Hon. James D. G-iffen, Judge. Action to recover damages of the defendants upon the ground that they entered into a conspiracy to extort money from the plaintiff, and, in pursuance of such conspiracy, did extort money from her. The material allegations of the petition were denied. Trial by jury, verdict and judgment for plaintiff, and defendants appeal.

— Hon. Josiah Given, Judge. The defendant was indicted and convicted for keeping a nuisance, by maintaining a place for the unlawful sale of intoxicating liquors. He now presents the case on appeal to this court.

— Hon. Charles H. Phelps, Judge. Action on a policy of insurance to recover for a loss-by fire. A demurrer to tbe petition was overruled. Defendant electing to stand on its demurrer, judgment was rendered in favor of plaintiff for $470.44 and costs. The defendant appeals.

Original proceedings in habeas corpus. The plaintiff presented his petition to the Hon. Joseph R. Reed, one of the judges of this court, upon which a writ of habeas corpus was issued to M. Westenhaver, sheriff of Jefferson county, and George W. Crosley, warden of the penitentiary at Fort Madison, alleging that he was unlawfully restrained by them of his liberty. Upon return of the writ the cause was submitted to the court.

— Hon. J. H. Preston, Judge. Action to recover $5,605.94, alleged to be the unpaid part of the purchase price of coal, sold by the assignor of plaintiff to defendants. The cause was tried to a jury, and a verdict and judgment rendered for defendants. The plaintiff appeals.

— Hon. George Carsott, Judge. Plaintiee brought suit on two promissory notes, and sued out a writ of attachment. Defendant admitted the execution of the notes, and that the amount claimed was due thereon, and pleaded a counter-claim on the attachment bond, on which he recovered. Plaintiff appeals.

— Hon. C. F. Couch, Judge. Action to recover for stoneware sold and delivered to defendants by the plaintiff. There was a trial to a jury, and a judgment upon a verdict for plaintiff. Upon motion of defendants the costs were apportioned, and one-fourth of them was taxed to plaintiff on the ground that the contest was wholly upon the counter-claim, íd which defendants were successful. Plaintiff appeals.

— Hon. J. K. Johnson, Judge. Plaintiff was a brakeman in tke employ of the-defendant, and brought this action to recover damages for an injury received because of the negligence of the-defendant when he was attempting to make a coupling. Trial by jury, verdict for the plaintiff, and judgment-The defendant appeals.

— Hon. J. H. Preston, Judge. On the fifth day of May, 1882, James Smyth, now deceased, executed to the appellant his promissory note for nine thousand dollars, with annual interest at eight per cent. At the same time said deceased, with his wife, Elizabeth Smyth, one of the defendants, executed to plaintiff to secure the note, a mortgage on the farm on which the deceased resided, and upon eighty acres of timber-land some distance from the farm.

— Hon. J. T. Stoneman, Judge. This is an action aided by attachment, brought to recover the value of a quantity of canned goods, shipped by the Elgin, Iowa, Canning Company to Pueblo, Colorado, and alleged to have been delivered to a person not entitled to receive the same, through the fault of defendant.

<p>1. Life Insurance: policy: construction: failure to pay assessments. A certificate of membership in the defendant company provided that it should be void in case the amount of any assessment was not paid within thirty days from the date of notice .thereof. Held that, in the absence of any language in the contract, or in the articles of incorporation or by-laws of the defendant, qualifying the meaning of the word “ void,” it could not be construed as meaning “ voidable at the election of defendant.”</p> <p>2. -: NON-PAYMENT OF ASSESSMENT : WAIVER : CUSTOM : EVIDENCE, In this case payment of the policy was resisted on the ground that the assessments had not been paid as therein required; and the court found that, though the defendant had sometimes accepted assessments after they were delinquent, it had no such general custom that the assured was justified in relying on it, — it appearing that he had no knowledge of such practice, except in a few instances in which his own assessments had been received after becoming delinquent. Held that such findings were not without support in the evidence, and could not be disturbed.</p>

— Hon. James D. Gieeen, Judge. Action on two promissory notes. Answer that the notes sued on were given for the price of a combined reaper and mower, which was sold to defendant by plaintiffs with a warranty which had failed, in consequence of which the machine was worthless, and the consideration of the notes had wholly failed. Yerdict and judgment for defendant. Plaintiffs appeal.

— Hon. J. K. Johnson, Judge. Action on account for goods and merchandise. A demurrer to the petition was overruled, and defendants refusing to further plead, judgment was entered for plaintiffs, and defendants appeal.

<p>1. Assault with. Intent to Rape: identification op defendant : evidence. It being beyond dispute that an assault with intent to-rape had been made, the only question was as to whether defendant was the guilty party; and held that the evidence (see opinion ) was sufficient to justify the jury in concluding that he was.</p> <p>2. Appeal: complaint of remarks of court : record. The court, in the course of the cross-examination of the complaining witness on a trial for an assault with intent to rape, directed the defendant's counsel to treat the witness with respect. It did not appear from the record that any disrespect had been shown in the words used by counsel, but there was nothing to show his manner, nor the manner of the court in directing him. Held that this court must presume, in favor of the trial court, that there was some just ground for the direction to counsel? and that it was given in a proper manner.</p> <p>3. Assault -with Intent to Rape: corroboration of complainant. The rule of section 4560 of the Code, providing that a person cannot be convicted for rape unless the complaining witness be corroborated by other evidence tending to connect the defendant with the commission of the crime, does not apply to the case of an assault with intent to commit rape.</p> <p>4. Alibi: evidence ; instructions. (State v. Maher, 74 Iowa, 77, followed).</p>

— Hon. L. G. Kinne, Judge. Action to recover double the value of two horses which plaintiff alleges were killed on defendant’s railway track, by a passing train, at a point where it had the right to fence its track against live stock running at large, but where it had failed to maintain a fence suífi-j cient for that purpose. Verdict and judgment for plaintiff. Defendant appeals.

<p>Mortgage: foreclosure begun : payment to attorney by junior mortgagee: authority of attorney: subrogation. C., an attorney, had authority from K. to foreclose mortgages in Iowa for him at his discretion. In the exercise of this discretion, he began the foreclosure of two mortgages while they and the secured notes were yet in K.’s hands. While the actions were pending, plaintiff, a junior mortgagee, paid to C. the full amount of the two mortgages, with the interest and costs then accrued, and employed another attorney to proceed with their foreclosure. Afterwards K. sent the notes and mortgages to C., with knowledge that the actions had been commenced and were pending, and C. delivered them to plaintiff. Held that C. having had the authority to commence the suits, and having afterwards received the papers, the defect in his apparent right to receive payment when made, caused by the absence of the papers, was cured, and that the transaction was in the nature of an equitable assignment, entitling plaintiff to be subrogated to all the rights of K., and to prosecute the foreclosure cases by their original titles, but for his own use and benefit. (Compare Harbachv. Colvin, 73 Iowa, 638).</p>

— Hon. C. M. Waterman, Judge. The plaintiff’s husband was killed by a train on the defendant’s road at the crossing of Fourth street in the city of Clinton, and she, as administrates:.of his estate, seeks to recover the damages sustained. Trial by jury, verdict and judgment for the plaintiff, and defendant appeals.

Action to recover for a malicious prosecution. There was a judgment upon a verdict for defendants, rendered November 21, 1885, from which plaintiff appeals.

— Hon. Josiah Given, Judge. The plaintiff is the owner of a certain lot fronting on Tine street in the city of Des Moines. The defendant has constructed its road on said street, and is operating the same.

Action to redeem from a foreclosure sale. The court dismissed the plaintiff’s petition, and the plaintiff William Bolles appeals.

<p>Appeal from, Butler Circuit Court.</p> <p>Action in equity to cancel a tax deed. The circuit court denied plaintiff relief, and he appeals.</p>

— Hon. John B. Cleland, Judge. Action in chancery to restrain defendant from disposing of certain promissory notes in his possession, and for the appointment of a receiver to hold the same-pending the action, on the alleged ground that the notes, are the property of the estate of which plaintiff is. administrator, and that defendant is insolvent. A decree as prayed for by plaintiff was rendered. Defendant appeals.

Action in equity to set aside the sale on execution of certain real estate, on the ground that the same was the homestead of the plaintiff. The relief asked was granted, and the defendants appeal.

— Hon. H. E. ' Deemer, Judge. Action in chancery to foreclose a mortgage. There was a decree granting the relief prayed for in plaintiff’s petition. Certain persons, other than the mortgagors, claiming an interest in the property, appeal.

— How. Josiah (xIvew, Judge. Aw information was filed before a justice of the peace, stating that certain intoxicating liquors were in a certain car of the Wabash Railroad Company, consigned to Hulbert, Hess & Co., and that they intended to sell the same in violation of law. A warrant was issued by the justice, and the liquors were seized by a constable, who made return of such fact to the justice.

— Hon. 0. F. Looeboueow, Judge. Action at law to recover possession of certain real estate. The defendant denied the allegations of the petition, and pleaded an equitable defense, and made the answer a cross-petition, .and asked that the title to the land be quieted in him, and that the plaintiff be estopped from claiming title. A prior adjudication was also pleaded. The defendant replied to the cross-petition.

— Hon. George Carson, Judge. Action on a policy of insurance against loss or damage by high winds or tornadoes. There was a demurrer to the petition, which was overruled, and the defendant appeals.

Areals from PolTc District Court. — Hon. W. P. Conead, Judge. Action in equity to subject certain real estate, the title to which is in the defendant Emma Nelson, to the payment of certain judgments against the defendant Daniel Nelson. Judgment for the defendant, and the plaintiffs appeal.

A¡)]?eál from, Page District Court. — Hon. George Carson, Judge. This action is founded upon an award made by certain arbitrators upon a written agreement, signed by plaintiff and defendant, by which, all matters of difference between them were submitted to said arbitrators. There was a trial by jury, which resulted in a verdict and judgment for the defendant. Plaintiff appeals.

— Hon. James D. G-ifeen, Judge. Action to recover damages for personal injuries caused by an alleged defective bridge on a public highway. After both parties had introduced their evidence, the district court sustained a motion to instruct the jury to return a verdict for defendant. A verdict was returned in accordance with this ruling, a motion for a new trial was overruled, and judgment rendered against plaintiff for costs. The plaintiff appeals.

D. D. Miracle, Judge. This is an action for the reformation of a written contract, and to recover five thousand dollars thereon, and for other relief. Defendants deny the alleged causes of action of plaintiff; and defendant Yolney Kent asks for affirmative relief. The circuit court dismissed the petition as to defendant Snow, and rendered a decree in favor of plaintiff, and against defendant Kent. From this decree Kent appeals.

— IIon. Josiaii Given, Judge. Action to recover damages alleged to have resulted from wrongful acts of the defendant. Verdict and judgment for the plaintiff, and the defendant appeals.

— Hon. Dell Stuart, Judge. This is an action against the principal and sureties in a guardian’s bond. There was a trial by the court, and a judgment against the plaintiff, and he appeals.

Appeal ' from Carroll District Court. — Hon. J. P. Cohnee, Judge. . This is an action on a writtén obligation executed by defendants to secure tbe payment of money. The case was tried by a jury, and a verdict returned in favor of plaintiffs. Judgment was rendered on tbe verdict, and defendants appeal.

Action in equity to set aside a tax deed, and to redeem tke land therein described from tax sale. On the hearing in the district court, the petition of the plaintiffs was dismissed, and the costs of the action taxed to them. Plaintiffs appeal.

— Hon. J. K. Johnson, Judge. This is an action brought to recover for personal injuries alleged to have been caused by the fault of defendant. The case was tried to a jury, and a verdict returned for plaintiff. Judgment was rendered on the verdict, and defendant appeals.

— Rots. W. R. Lewis, Judge. These causes involve the same questions, and maybe disposed of in a single opinion. The appeal in each case is from the order sustaining a demurrer to the petition.

— Hon. L. Gr. Kinne, Judge. This is an action on a policy of insurance issued by defendant. There was a trial by jury, and verdict and judgment for plaintiff. The defendant appeals.

— Hon. George H. Carr, Judge. Action in chancery to set aside and declare void certain deeds on the ground that they were fraudulently made to defeat and delay plaintiff in the enforcement of a judgment against one of the defendants, who, it is alleged, was the owner of the land conveyed. A decree was entered granting the relief prayed for in plaintiff’s petition. Defendants appeal.

— Hon. C. F. Couch, Judge. This is an appeal by defendant from an order of the district court overruling a motion to set aside a judgment which was entered by default.

S. M. Weaver, Judge. This is an action at law for the recovery of a balance alleged to be due of the purchase price of ah interest in a tract of land which was sold and conveyed to defendant by plaintiff’s mother, it being the agreement of the parties that the consideration should be paid to plaintiff. The verdict and judgment were for plaintiff, and defendant appeals.

This action was brought against J. P. Garrity, James Garrity, C. M. Mathews and W. H. Welch. There was a judgment for the plaintiff, and the Garritys alone appeal.

— Hon. Josiah Given, Judge. Plaintive seeks to recover of defendant four hundred and twenty-five dollars alleged to be due on account of the sale of real estate. The case was tried in the district court to a jury, and verdict and judgment rendered for plaintiff. The defendant appeals,

— Hon. George W. Wakeeield, Judge. Action to recover damages for a trespass alleged to bave been committed by defendant in carrying away and converting certain bay belonging to plaintiff. Verdict and judgment for plaintiff. Defendant appeals.

— Hob. Maectts Kavabag-h, Jk., Judge. This is a proceeding under section 3408 of the Code, by which the parties thereto presented to the court below an agreed statement of facts, and sought the determination of the question whether the Des Moines Broad-Gauge Street-Railway Company has legal power and authority to operate street railroads in the city of Des Moines by electricity or other motive power other than animal power.

<p>Appeal: trial denovo : certification of evidence by deposition. A recital in the certificate of the trial judge to the evidence in an equity case, that the cause was submitted upon packages of depositions filed upon certain dates, does not identify such evidence as required by chapter 35, Laws of 1882, repealing and amending section 2742 of the Code. The certificate should, by setting out the name of the witness, or the name of the officer before whom the deposition was taken, and the date when taken, or other explicit recital, identify with certainty the items of evidence referred to. ( Cross v. Burlington & 8. W. By. Co., 58 Iowa, 63, which arose before the enactment of said statute, distinguished).</p>

Geoege H.. Caeb, Judge. This is an action of forcible entry and detainer, brought originally , before a justice of the peace. Plaintiff recovered judgment in that court, and defendant appealed. The trial of the cause in the district court resulted in a verdict and judgment for defendant. Plaintiff appeals.

— Hon. John B. Cleland, Judge. This action was brought to recover for services as an attorney in defending appellant’s wife in an action for a divorce brought by him against her. A demurrer to the answer was sustained, and a judgment by default for want of answer was entered against the defendant. He appeals.

— Hon. John W. Haevey, Judge. Indictment charging that the defendant, in the county of Ringgold, did unlawfully enter a certain cemetery, commonly called the Mormontown Cemetery, and therein did disinter and remove, without lawful authority, the dead body of Arthur Lynch. ‘ There was a trial to a jury, verdict of guilty, and judgment. The defendant appeals.

<p>Appeal from Audubon District Court. — Hon. H. E. Deemek, Judge.</p> <p>Tiie defendants, F. L. Boynton, an attorney, and James McClure, a constable of Crawford county, were employed by Payne Bros., of West Side, to take and remove certain personal property then in the possession of one John Concanan, at his place of residence, in Audubon county. Payne Bros, claimed a right to the property by virtue of certain chattel mortgages and a bill of sale. This right was denied by Concanan, who insisted that these instruments were given to hinder and delay his creditors, that nothing was due thereon and that they were-invalid. Defendants went to Concanan’s residence, and proceeded to take the property. Concanan refused to allow the property to be removed, and attempted to prevent it by seizing and refusing to deliver a team which defendants, with four assistants, were attempting to take. After some struggling, defendants and their assistants attempted to handcuff Concanan, and, after several hours of continuous effort, succeeded in accomplishing that object. It seems probable, from the length of the struggle, that defendants desired to effect their purpose without inflicting unnecessary injury; but it appears that, before Concanan was handcuffed, one of his fingers was broken, a thumb was dislocated and he was otherwise injured. For their connection with this affair defendants were arrested, and tried in justice’s court for the crime of assault and battery, and convicted. They appealed, were tried by the district court without a jury, and again convicted, and now appeal to this court.</p>

<p>Appeal from Jones District Court. — Hon. James D. Gieeen, Judge.</p> <p>Habeas corpus. The plaintiff was remanded to the custody of the defendant, and he appeals.</p>

— Hon. G. W. Wakefield, Judge. On the eleventh day of May, 1887, the appellee, as guardian of the estate of the minor heirs of Herman Berkholtz, deceased, filed a report of his proceedings, including a statement of receipts and expenditures. On the eighteenth day of May, 1887, the appellant filed objections to the report. A trial was had on the issues raised by the report and objections, which resulted in the approval of the report.

Appeals from Jones District Court. — Hon. J. H. Preston, Judge. The plaintiffs are creditors of a partnership under the name of A. True & Co., which was at one time engaged in the mercantile business in Wyoming, Jones county. By these actions it is sought to establish as a fact that the defendants, J. H. C. Peterson, Henry L. Peterson, W. D. Peterson and Mat Peterson were members of said partnership, and therefore liable for the debts of the firm.

<p> Appeals from Polk District Court. </p> <p>These two cases are appeals by the defendant from convictions upon charges of keeping intoxicating liquors with intent to sell the same in violation of law.</p>

<p>Tax Sale and Deed: setting aside : adjusting of equities. {G-uise v. Early, 72 Iowa, 283, and Buckley v. Early, 72 Iowa, 289, followed.)</p>

Plaintiff is an insurance corporation having its place of business in the city of Des Moines. In 1885 the city assessor assessed it $77,986.47 on moneys and credits. The board of equalization reduced the assessment to forty thousand dollars. Plaintiff appealed to the circuit court. On a hearing on the merits the court entered an order reducing the assessment to $20,945.39, and from that order both parties appeal.