Volume 78 — Iowa Reports

- — Hon. H. E. Deemeb, J udge. This -is an action at law by which the plaintiff seeks to recover of the defendant the sum of two hundred and fifty dollars for legal services. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

<p>1. Judge : relationship : disqualification : waiver. A judge who is related to a party to a cause within the fourth degree has no right to try the cause unless by mutual consent. (Code, sec. 190; Chase v. Weston, 75 Iowa, 159.) But where the judge was so related to the plaintiff, and the defendant knew of the relationship, and that the judge did not wish to try the case, and had tried in vain to get another judge to sit during the trial, and yet consented to the trial of the case at that term, and made no objection to the judge until after a verdict had been rendered against it, held that it must be regarded as having consented to a trial before that judge, and that its objection was too late.</p> <p>2. Criminal Law: assistance to county attorney : compensation : recovery : remedy. Where an attorney renders assistance to a county attorney under section 4, chapter 73, Laws of 1886, providing that the county attorney may procure such assistance, with the approval of the district court, in the trial of indictments for felonies, and that such attorney shall be allowed reasonable compensation for such assistance, “to be fixed by the board of supervisors,” the amount fixed by the board is not conclusive upon the attorney, nor is his only remedy by appeal from the board; but if the allowance is not reasonable he may recover what is reasonable in an action therefor against the county. (See opinion for citations.) [ Granger, J., dissenting.]</p> <p>3. -:-:-: contract and reasonable value : instructions. Action to recover the reasonable value of services rendered by plaintiffs as attorneys in assisting the county attorney in the prosecution of a felony. The evidence showed that the services were begun under a contract for sixty dollars or seventy-five dollars, with the understanding that the trial would not last more than three or four days, and that the burden of the prosecution would not fall on plaintiffs; but that the burden did fall on plaintiffs, and that the trial consumed fifteen days; also that plaintiffs’ services were worth twenty dollars per day. There was also evidence tending to show that the contract was rescinded after the trial was begun and the amount of work was disclosed. The court instructed the jury that if plaintiffs performed services in excess of what was required by the contract, or of a character not required by it, they were entitled to recover the reasonable value of such extra services. JHeZdthat these instructions were without prejudice to defendant, notwithstanding they permitted plaintiffs to recover the agreed price of the services rendered under the agreement, and the reasonable value of all other services, while the action was not brought on the contract, but for the reasonable value of all the services; because it was shown that the services rendered under the agreement were worth at least as much as the contract price, and the amount of the recovery could not have been augmented by the instructions.</p>

— Hon. C. F. Loofbourow, Judge. This action is upon a promissory note, and the following, with certain eliminations, deemed unnecessary on this trial, is the agreed statement of facts on which the cause was submitted to the' district court: ' ‘ ‘Philomela S. Hurlbut, in September, 1881, came to Essex county, New York, and took a room in the house of her daughter, Zemah Stephens, and continued to board and live there until August, 1882.

<p>Appeal from WinneshieTc District Court. — Hon. C. T. Granger, Judge.</p> <p>Action in equity to foreclose certain' rights of defendants to real estate described in the petition. J udgment was rendered in favor of plaintiff, as prayed. Defendant Larsen appeals.</p>

— Hon. Marcus Kavanag-h, Judge. Action to recover damages resulting to plaintiff from the construction of a railroad on a street upon which plaintiff’s lot abuts. There was a judgment upon a verdict for plaintiff. Defendant appeals.

<p>Appeal from Council Bluffs Superior Court. — Hon. E. E. Ayleswoeth, Judge.</p> <p>Action for the foreclosure of a mortgage upon certain'real estate. There was a decree for the plaintiff. Defendants appeal.</p>

' Appeal from Buena Vista District Court. — TIon. Lot Thomas, Judge. Proceeding in garnishment. The defendant, Woodke, was garnished upon an execution issued upon a judgment rendered in favor of the plaintiff against J. Gf. Baumer. Woodke answered, denying that he owed Baumer, and denying that he had any property in his possession or under his control belonging to Baumer. The plaintiff then filed a pleading controverting Woodke’s answer.

<p>Schools and School Districts: contract with director : validity. ‘Where the board of directors of an independent school district entered into an agreement for the erection of a school building, and at the same time, and- as a part of the same "transaction, employed one of its members as local superintendent of construction of such building, at an agreed compensation of a certain per cent, on the contract price, held that the agreement with the director was invalid as being against public policy (following Moore v. Independent Dist., 55 Iowa, 654), and that a taxpayer of the district was entitled to an injunction restraining the payment to him of the percentage agreed on,, without showing actual fraud. In this case the director employed continued to be a member of the board, and there were no circumstances .disclosed which' would operate to estop the district from insisting upon the invalidity of the contract.</p>

— Hon. Marcus Kavanagu, Judge. Plaintiff seeks to recover the price of a track scale alleged to have been sold to defendant. There was a judgment for plaintiff in default of an appearance to the merits of the case by defendant. Defendant filed a petition for a new trial, which was stricken from the files, and he now appeals.

— Hon. C. F. Couch, Judge. Action to restrain the collection of taxes voted in aid of defendant’s road. There was a judgment for plaintiff, and the defendant appeals.

— Hon. J. H. Preston, Judge. Action for personal injuries on defendant’s road, resulting in the death of plaintiff’s intestate. Judgment for plaintiff, and defendant appeals.

— Hon Josiah Given, Judge. Action to recover damages for personal injuries, caused by a defective sidewalk. There was a trial by jury, and a verdict and judgment in favor of plaintiff. The defendant appeals.

— Hon. Josiah Given, Judge. On the thirty-first day of July, 1885, the Des Moines National Bank filed its petition at law, claiming from the American Mortgage and Investment Company the sum of ten thousand dollars, alleged to be due on two accepted drafts. On the same day it commenced in the same court, and against the same defendant, a suit in equity in aid of the action at law, and procured the appointment of S. B. Gaiford as receiver of the property of said company.

— Hon. J. H. Macomber, Judge. This is an action of replevin for a quantity of corn. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.

<p>1. Will : CONSTRUCTION : WIDOW’S RIGHTS : DISTRIBUTION OP ESTATE. A testator gave the use of all his property, real and personal, to his wife and five minor children until the youngest, only two years old, should reach his majority; after which time he provided that his wife should have one-third, and the residue should be distributed among all of his eight children. Held,—</p> <p>(1) That the widow’s lawful share was prejudicially affected by the will, and that, without her consent, it was inoperative as to her.</p> <p>(2) That the widow, having elected to take her one-third under the law, could not also take under the will the one-sixth of the use of the residue, in' common with the minor children, until the youngest should be of age.</p> <p>(3) That the widow’s choice to take one-third absolutely, defeated the testator’s purpose to keep the family together; that the will as to that became inoperative ; and that it could be enforced no further than as to its provisions for making distribution among the devisees and legatees.</p> <p>2. -: -: distribution. A testator devised the two-thirds of his property equally to his eight children, five of whom were minors, except that one thousand dollars was to be deducted from each of the shares of Addison and Alonzo (who were of age) and that Marion (who was of age) should have an equal share with the minors. Held that Addison and Alonzo were each to have one-eighth, less one thousand dollars, and Marion one-eighth.</p> <p>3. -: action for interpretation : costs. When an action is required to secure the interpretation of a will, the costs should be paid by the estate, as all the parties are equally interested; and this result is secured by requiring that they be paid by the executor and credited to him on his account.</p>

<p>Appeal from Louisa District Court. — Hon. W. R. Lewis, Judge.</p> <p>Action for slander. There was a judgment for plaintiff, and defendant appeals.</p>

— Hon. J. II. Maoomber, Judge. In 1884 the plaintiff L. R. Grayson joined an assessment or benefit association' or life insurance company, having its principal place of business at Scranton in this state. The defendants constituted the board of directors of said company. This action was brought to recover damages of the defendants for fraudulently dissolving said company, by consolidating it with another corporation, known as the “Iowa Mutual Benefit Association,” at Toledo.

— Hon. D. D. Miracle, Judge. Action in equity to quiet the title to real estate. There was a trial on the merits, and a decree in favor of plaintiff. The defendant appeals.

Appeal- from O'Brien District Court. — Hon. Scott M. Ladd, Judge. Action to recover the value of certain hay in stacks, burned by a fire set out by an engine operated upon (defendant's railroad. There was a judgment on a verdict for plaintiff. Defendant appeals.

— Hon. Josiah Given, Judge. Action to compel the executive council to enter into a contract with plaintiff, and to enjoin it from executing a similar contract with E. W. Stephens. The relief demanded was denied, and plaintiff appeals.

— Hon. Soott M. Ladd, Judge. Action by appellant and cross-action by appellee, A. H. La Grange, each praying that the title to certain lands in O’Brien county be quieted in him. There was judgment for defendants, and plaintiff appeals.

— Hon. W. P. Conrad, Judge. The plaintiff is a justice of the peace in, Polk county. He brought this action to recover of the county certain fees in criminal cases. The amount claimed in the petition was $827.75. The defendant filed no answer to the petition, but appeared and filed a motion to require the plaintiff to state the items of his account for fees more specifically.

— Hon. Marcus Kavanagh, Jr., Judge. This action involves the 'rights of the plaintiffs and the defendants, Amelia Lewis, the Chicago Lumber Company and John N. Hohberger, as lien-holders upon certain real estate, the title to which is in the defendant Johanna Kunze. The said Amelia Lewis is the owner of a mortgage upon the premises.

— Hon Charles H. Phelps, Judge. Action for damages for the wrongful seizure of property on attachment. A demurrer to the petition was sustained and- judgment entered for defendants. The plaintiff appeals.

<p>Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge.</p> <p>Defendant was indicted and convicted of seduction. He now appeals to this court.</p>

— Hon. Lot Thomas, Judge. Action to recover on a written contract for the purchase of a wagon. There was a iudgment for the plaintiffs, and the defendant appeals.

— IIon. H. 0. Tbavebse, Judge.'. Action to recover damages for the alleged breach of the covenant of a right-of-way deed. There was a trial by jury, and a verdict and judgment for plaintiff. The defendant appeals.

— Hon. Josiah Given, Judge. Action for attorney’s fees under the provisions of the Code for the suppression of intemperance. Judgment for the plaintiffs, and the defendant appeals.

<p>1. Vendor and Vendee: sale through agent : misunderstanding AS TO GRANTEE : SPECIFIC performance. Plaintiff claims to have purchased the laud in question through his agents, and he now-seeks to compel defendant to execute a deed therefor. The correspondence of the agents with defendant was to the effect that they were seeking to purchase his interest for the benefit of the holder of the tax title, and with that understanding defendant consented to convey for a certain sum. But plaintiff was not the holder of the tax title. Held that defendant had the right to select his grantee, and was not bound by the agreement to convey to any other than the owner of the tax title. (See Knight v. Cooley, 34 Iowa, 221.)</p> <p>2. --: FAILURE TO CONVEY: RECOVERY OF PART PAYMENT advanced : tender : costs. In such case the agents, two days after the action was begun, tendered defendant the agreed price, less twenty-five dollars which had been paid him as a token of good faith, but he refused the tender and offered to return the twenty-five dollars which the agents declined. The petition alleged the payment of the twenty-five dollars, and demanded general equitable relief, and defendant conceded the payment of that sum. Held that plaintiff was entitled to recover the twenty-five dollars without costs.</p> <p>3. -: -: UNWARRANTED REDEMPTION BY VENDEE: RECOVERY. In such case, where plaintiff, relying upon procuring the conveyance, notwithstanding he was not legally entitled to it, redeemed the land from tax sale, he could not recover of defendant the amount paid to redeem.</p>

—Hon. H. C. Traverse, Judge. This is an action upon a policy of insurance against loss by fire. The property insured was a dwelling house which was destroyed by fire on the night of September 13, 1886. When the evidence had all been introduced, the defendant moved the court to direct the jury to return a verdict against the plaintiff. The motion was sustained, and plaintiff appeals.

— Hon. W. F. Cone ad, Judge. Action at law to recover for negligence of defendant in the collection of certain drafts. The district court directed a verdict for defendant. Plaintiffs appeal.

<p>1. Real Estate : exchange of : failure of title : measure of damages. In an action to recover damages for the failure of title to real estate taken in exchange, it appeared that the title was subsequently decreed to be in another. Held that the measure of plaintiff’s damages was the reasonable market value of the land on the date of that decree, with six per cent, interest from said date. (See opinion for authorities.)</p> <p>2. -: —— — : deed to wife : failure of title : action by husband. Where there was a failure of title to land taken by plaintiff in exchange for land owned by him, the fact that he had the land taken by him conveyed to his wife did not affect his right to recover for the failure.</p> <p>3. -:--: FRAUDULENT REPRESENTATIONS : PLEADING. Action for fraudulent representations in the exchange of lands. Plaintiff alleged that defendant effected the exchange by representing that the lands offered by him were held by H. under a tax title, free from any encumbrances or adverse claims, and that he, the defendant, was the agent of H., and authorized to exchange the lands, all of which statements plaintiff alleged to be false, and well known so to be by the defendant at the time he made them; and that, prior to making the representations, defendant had purchased from H. his tax title, being informed by H. at the time that the lands rightfully belonged to another; but that defendant concealed suck fact from plaintiff, withheld his deed from record, and held ont H. as the owner of the lands. Held that the allegation that defendant represented .that H. held the land free from adverse claims, and that the same, was false, and known by-defendant so to be at the time, presented a cause of action ; and that the allegations as to the agency of defendant and his purchase of H. were not material, except as circumstances bearing on the intent.</p>

<p>Venue: action against non-resident served in iowa: suit in wrong county : efeect. Action begun in Polk county upon three promissory notes, payable at Iowa City, and upon an account, as to which it is not averred where it was payable. The defendant was a resident of Nebraska, but was found in Greene county, Iowa, where notice of the action was served upon him. He made a special appearance, and moved to dismiss the case upon the ground that he was not subject to the jurisdiction of the court but the motion was overruled. He made no further appearance, and judgment upon default was rendered against him. Held that the court did not err, because, while, under section 2586 of the Code, the action should have been commenced in Greene county, where defendant was found and served, yet defendant’s remedy for that error was not to object to the jurisdiction of the court, but to ask for a removal of the cause to the proper county, under section 2589 of the Code ; and, failing to do that, the court properly retained the cause and rendered judgment. (See opinion for cases cited.)</p>

L. Gr. Kinne, Judge. Action on a promissory note. There was a trial by jury and a verdict and judgment for the plaintiff. Defendants appeals.

— Hon. J. B. Cleland, Judge. Action upon a promissory note dated November 12, 1883, due thirty days after date, for three hundred and twenty-five dollars, with interest. Defendant answered, admitting the execution of the note, and but for the matters pleaded he would be indebted to the plaintiff in the amount thereof.

— Hon. W. R. Lewis, Judge. W. C. Garretson executed a chattel mortgage ou a stock of jewelry to O. S. Garretson. Subsequently the defendants Ferrall & Hawkins Bros, obtained a judgment against W. C. Garretson, and levied an execution issued thereon on the stock oí jewelry then in the hands of C. L. Garretson.

— IIon. J. L. Stevens, Judge. Application to set aside an executor’s sale of real estate. The application was granted, and the executor appeals.

— Hon. Marcus Kavaijagh, Jr., Judge. This action was brought by Nancy A. Miller upon a written contract executed to her by the defendant, her husband, Robert S. Miller. The defendant demurred . to the petition, and the demurrer was sustained. The plaintiff elected to stand upon her petition, and judgment was rendered against her for costs. She appeals.

—Hon. A. B. Thobnell, Judge. Action upon a claim filed in probate. There was a demurrer to the claim as presented, a iudgment for defendant, and plaintiffs appeal.

— Hon. W. F. Conrad, Judge. Action to recover the amount due on a judgment recovered by plaintiff against a corporation, of which 'defendant is a stockholder. After the evidence was fully submitted, the court instructed the jury to return a verdict for plaintiff for the amount prayed in the petition. A verdict and judgment were rendered in favor of plaintiff for $6,280.06. Defendant appeals.

<p>Appeal from Sioux District Court. — Hon. Soott M. Ladd, Judge.</p> <p>This is an action for the recovery of double the value of four calves, the property of the plaintiff, which , it is alleged were killed by one of defendant’s trains while operating its road, and at a place where the defendant had a right to fence its fight of way, and had failed to do so. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.</p>

— Hon. Marcus Kavanagi-i, Jr., Judge. This is an action in equity, by which the plaintiff demands that the defendants be enjoined from transferring, selling, or in any manner disposing of, a certain money order bank check, and for a decree declaring said check to be null and void, and cancelling the same. There was a demurrer to the petition, which was overruled, and a decree was entered as prayed. The defendants appeal.

— Hon. George Carson, Judge. This action was commenced by M. L. Foster to recover rent due from ker tenant, G. W. Criner, and to enforce a landlord’s lien therefor. Judgment by default was rendered in favor of plaintiff, and against Criner, on the thirteenth day of November, 1887.

— Hon. A. B. Thobnell, Judge. Action to recover damages for a malicious prosecution. There was a verdict for defendant, which was set aside, and a new trial ordered on the ground of misconduct of jurors while considering the case. Defendant appeals.

<p>Taxation: equalization: raising assessment: what is not. When plaintiff’s personal property was assessed he sought to have his bank stock set off against his alleged indebtedness, and not assessed. The assessor refused to concur in this view, but agreed with plaintiff that he would submit the question to the board of equalization, which he did, and deferred listing the stock for assessment until he had their decision. The board agreed with the assessor that the stock should be assessed, and directed the assessor to list it accordingly. Held that this was not a raising of plaintiff’s assessment within the meaning of the statute (sec. 8, chap. 9, Laws of 1880), and that plaintiff was not entitled to notice of the action of the board and opportunity to be heard, as provided in said chapter, in order to make the assessment legal.</p>

<p>Appeal from Gass District Court. — Hon. C. F. Loofbourow, Judge.</p> <p>Action to enjoin the collection of certain taxes. Judgment for defendant, and the plaintiff appeals.</p>

— Hon. Marcus Kavanagh, Jr., Judge. This action was commenced by plaintiff in justice’s court to recover $66.60, alleged to be due from defendant as rent. .Defendant denied the alleged indebtedness, and pleaded a counter-claim for $73.15, alleged to be due him from plaintiff on account. A trial was had in justice’s court, which resulted in a judgment in favor of defendant for $13.75, and costs. Plaintiff appealed from that judgment to the district court.

— Hon. G-eorge H. Carr, Judge. Action upon a policy of insurance against loss by fire on a barn and “on hay in the barn, or in stack on cultivated land.” The policy is based upon an application which is made a part thereof.

<p>1. Chattel Mortgages: recording in wrong county : priority : possession by mortgagor. Section 1923 of the Code provides that no mortgage of personal property, when the mortgagor retains actual possession thereof, is valid against existing creditors or subsequent purchasers without notice, unless the written instrument is filed for record with the recorder of the county where the holder of the property resides. F., a resident of Ida county, purchased a stock of goods in Page county, and made to defendants a mortgage thereon to secure a part of the purchase price, and it was filed for record in Page county. F. did not remove his residence to Page county, but kept the stock of goods there in charge of another, Who conducted all the business in the name of F., and sent him statements from time to time; but F. had no personal supervision of the goods or the business. Afterwards F. made other mortgages to plaintiff, who had no actual notice of the first mortgage, and these mortgages were filed for record in Ida county. Held that F. did not retain “ actual ” possession of the goods after the execution of the first mortgage, within the meaning of the statute, and that therefore the first mortgage was not invalid under the statute, though filed for record in the wrong county, or not filed at all; and, being prior in date, it was prior in equity. The rule as to actual possession is thus stated: “The mortgagor is in actual possession when he retains the property under his immediate supervision and control, though he employ others to aid in that control; but when the property is entrusted to the custody and control of another, without the immediate supervision of the mortgagor, then the actual possession is in that other, and not in the mortgagor.” (See opinion for citations.)</p> <p>3. Appeal: instructions too favorable to appellant. An instruction too favorable to appellant, though erroneous, is no ground for reversal.</p> <p>3. -: errors without prejudice. Errors in admitting and excluding testimony are no ground for reversal where under the established facts appellant could not have recovered had the errors not been committed.</p>

— Hon. Dell Stuart, Judge. Action to recover an amount alleged to be due on a promissory note. There was a trial to the court, and a judgment in favor of defendant. The plaintiff appeals.

— How. Josiah G-iyen, Judge. This is an action to restrain the enforcement of certain special assessments, made by the city of Des Moines against the real estate of plaintiffs, to pay the cost of paving the streets upon which the property abuts; also, to restrain the collection of a two-mill tax levied to pay certain “intersection bonds” issued by the city; and for general equitable relief. The district court on the final hearing dismissed the petition, and plaintiffs appeal.

— Hon. J. P. Conner, Judge. Action upon a certificate of life insurance. The case was submitted upon an agreement tliat tfie pleadings and stipulations should constitute an agreed statement of facts.

— Hon. E. E. Aylesworth, Judge. Action in equity to determine the title to a certain lot in Council Bluffs, brought June 23, 1888.

— Hon. C. H. . Lewis, Judge. Action to recover an amount alleged to be due on three promissory notes. There was a trial by jury, and a verdict and judgment for defendants. The plaintiff appeals.

— Hon. R. 0. Henry, Judge. Action to enjoin the collection of, and to cancel, a certain judgment of record. There was a judgment for plaintiff, and the defendants appeal.

— Hon. George W. Wakefield, Judge. Pred Munolirath, Jr., John Arensdorf and others were jointly indicted for the murder of George C. Haddock, committed in Sioux City on the third day of August, 1886. Separate trials were demanded. The first trial of Arensdorf was had at the March term, 1887, of the Woodbury district court, and resulted in a disagreement of the jury.

— Hon. R. C. Henry, Judge. • Action in replevin for a certain track scale. The facts are substantially as follows: About the first of January, 1886, the Winfield Mill and Elevator Company leased of the Burlington and Northwestern Railway Company a part of its right of way near its railway track, for the purpose of erecting and operating a grain elevator, and erected the same in the spring following.

— Hon. R. C. Henrt, Judge. Action upon a promissory note. A demurrer to defendant’s answer was overruled, and plaintiff refusing to further plead, and standing on his demurrer, judgment was rendered for defendant. Plaintiff appeals.

— Hon. Henry Bank, Jr., Judge. This is an action of replevin, and involves the right to the possession of certain half barrels, quarter barrels and cases of beer. There was a trial by the court without a jury, which resulted in a judgment for the plaintiffs. Defendant appeals.

— Hon. Scott M. Ladd, Judge. Action to recover an amount alleged to be due on a promissory note. There was a trial by jury, and a verdict for defendant, upon which judgment was. rendered for costs. The plaintiff appeals.

— Host. Dele Stuabt, Judge. The defendant was indicted for murder in the first degree. He was tried, and convicted of manslaughter, and sentenced to imprisonment in the penitentiary for the period of seven years and six months. He appeals.

<p>1. Officers de Facto: presumption as to lawful appointment: evidence. All public officers who are proved to have acted as such are presumed to have been duly appointed to the office until the contrary is shown. (Londegan v. Hammer, SO Iowa, 508.) And in this case, though the law in 1868 required the appointment of a deputy clerk to be filed with the county judge (Rev., sec. 643), and though no such paper is now found on file in the proper office, yet held that the evidence (see opinion) shows that one R. did act as deputy clerk of Sioux county in 1868; wherefore the presumption must be indulged that he was duly appointed, and that the paper evidencing that fact has been lost from the files of the proper office.</p> <p>3. Tax Sale: redemption : evidence : failure op officers to make entries. The failure of the county officers to make the required entries of the redemption of land from tax sale will not defeat the rights of the redemptioner, and the presumption against redemption arising from the absence of such entries will not prevail against satisfactory proof of the fact of redemption by other evidence. (See Fenton v. Way, 40 Iowa, 96.)</p> <p>8.--: VOID DEED : ADVERSE POSSESSION : STATUTE OF LIMITATIONS. The special statute of limitations relating to tax titles does not apply to a claim made under a tax deed which is void (Nichols-v. McGlathery, 43 Iowa, 189); and where an action by the holder of the patent title was begun to quiet his title fourteen years after the void deed was made, during the first seven of which the land was vacant, and during the last seven only it was occupied by the claimant under the void deed, held that the action was not barred by the general statute of limitations, because the adverse possession was for less than ten years — the possession being presumptively in the holder of the legal title while the land was unoccupied. (See Patton v. Luther, 47 Iowa, 336.)</p> <p>4. -••--: POSSESSION UNDER AND IMPROVEMENT IN GOOD faith : redemption : delay : equity. The land involved in this case was sold for the taxes of 1866 in 1868, and, notwithstanding redemption was made by the owner of the patent title, no entries thereof were made upon the proper records, and a tax deed was issued in 1871. Under this tax deed the defendants entered upon the land in 1878, and have resided thereon ever since, making valuable improvements thereon, all of which they have done in good faith, and with no knowledge of any defect in their title. In 1885 the holder of the patent title began this action to quiet his title. After the original holder of the patent title (plaintiff’s grantor) learned of the issuance of the tax deed, and learned that his title was questioned — he being a resident of a distant state — he made default in the payment of his taxes, but prior to that time he had paid them promptly; and by this default, and by the delay in bringing this action, it is claimed that plaintiff is estopped from now questioning the tax title; but held that, while the rule is recognized that equity will interfere to prevent the prosecution of stale demands, this is not a case within the rule, and that, with a proper accounting for the taxes paid by defendants, and for the improvements made by them, .equity will be more nearly obtained than by absolutely divesting plaintiff of the land without compensation.</p>

— TIon. W. R. Lewis, Judge. Action to enjoin the collection of certain taxes levied in aid of the Wisconsin, Iowa and Nebraska Railroad Company, on the grounds (1) that the notice under which the special election was held does not show “to what point the road shall be fully completed” before the tax shall become due and payable, as required by statute; (2) that the tax was levied on the wrong year’s assessment, to-wit, on the assessment of 1882, instead of 1883; and (3)…

— Hon. D. Ryan, Judge. The plaintiff seeks to recover two hundred and seventy-six dollars for fees alleged to be due him in criminal cases. The case was referred to a referee, who reported his findings of fact and conclusions of law. Judgment was rendered in accordance with the report of the referee in favor of defendant. The plaintiff appeals.

— Hon. Scott M. Ladd, Judge. Action to enforce the specific performance of a contract to sell and convey land. Service of notice against all of the defendants was made by publication. A default arid judgment was entered against all of the defendants.

— Hon. C. H. Lewis, Judge. The defendant was tried upon information before a justice of tbe peace, and convicted. On appeal to the district court there was another conviction, and judgment, from which he appeals to this court.

— Hon. John W. Harvey, Judge. The defendant E. H. Hunter was treasurer of the county of Adams for two successive terms, commencing in January, 1884, and ending in' January, 1888. This action was brought upon his last official bond, and it is set forth in the petition that said Hunter, at the end of his term in January, 1888, failed to account for and pay over to his successor in office the sum of $4,353.30 of county funds, but converted 'the sum to his own use.

— Hon. J. D. Gteein, Judge. This action was originally brought at law by the plaintiffs, Esch Bros., to recover upon a policy of insurance against loss or damage by fire.

— Hon. GIeorge W. Wakefield, Judge. Action upon a policy of insurance. A judgment was rendered for defendant upon a trial by the court without a jury. Plaintiffs appeal.

— Hon. Scott M. Ladd, Judge. Action aided by attachment to recovér a balance dne on account lor merchandise sold by plaintiff to defendants. The defendants admit the account of plaintiff, but seek to recover actual and exemplary damages for the alleged wrongful and malicious suing out of the writ of attachment. There was a trial by jury, and a .verdict and judgment for a part of the amount plaintiff -claimed. Plaintiff appeals.

— Hon. Sgott M. Ladd, Judge. Action in equity to redeem from a mortgage foreclosure sale of certain real estate. There was a decree for plaintiff. Defendant appeals.

— Hon. Lot Thomas, Judge. Action for breach of contract in the sale of certain griddles. There was a judgment for plaintiff, and defendant appeals.

<p>Appeal from Linn District Court. — Hon. J. H. Preston, Judge.</p>

- — Hon. C. H. Lewis, Judge. This is a proceeding by certiorari to determine tbe validity of a certain action of the defendant city in requiring plaintiff to pave that part of the streets whereon its street railway is built, which is of the breadth of one foot on the outside of its street railway track. A demurrer to the petition was sustained, and, plaintiff electing to plead no further, its petition was dismissed, and thereupon it appealed to this court.

— Hon. A. J. Lefeingwell, Judge. Action for the abatement of a nuisance, and to recover damages alleged to have been caused by it, and to enjoin defendant from obstructing an alleged highway. The cause was tried to the court, and a part of the relief demanded by plaintiff was granted. The defendant appeals.

<p>Appeal from Jackson District Court. — Hon. Walter I. Hayes, Judge.</p> <p>Action on a policy of insurance. There was a judgment for the plaintiff, and the defendant appeals.</p>

— Host. Marcus Kavanagh, Jr., Judge. Plaintiff filed her bill in equity to set aside a mortgage executed by Bayard T. Lindley to Mary M. Martindale, to restrain the sheriff from making a deed in pursuance of the foreclosure of said mortgage, and to quiet the title in- her to three hundred and eighty acres of land in Guthrie county, Iowa, conveyed by said mortgage, on the alleged ground that appellant was the owner and in possession of said lands at the time the mortgage was…

— Hon. A. Howat, Judge. The plaintiff Martin Hassett was a member of the Germania Building Association, a corporation organized under the laws of this state. He borrowed from said association the sum of twelve hundred dollars, for which he gave his promissory note,, and a mortgage upon certain real estate, to secure the payment of the same.

— Hon. H. C. Traverse, Judge. This is a proceeding in. probate, by which the plaintiff, who is administrator of the estate of George S. Beer, deceased, asks an order for the sale of certain real estate for the payment of the debts of his intestate. There was a demurrer to the petition, which was overruled, and the defendants elected to stand thereon, and an order was made for the sale of the real. estate as prayed. Defendants appeal.

— Hon. Scott M. Ladd, Judge. Action to recover damages for setting out fire by sparks from an engine, whereby plaintiff’s hay was burned. Trial to a jury. Verdict and iudgment for plaintiff. Defendant appeals.

— I-Ion. W. R. Lewis, Judge. Plaintiff, as the administrator of the estate of Artemus Smith, deceased, seeks to recover damages resulting from the death of decedent, alleged to have been caused by negligence on the part of defendant. After the evidence had been submitted, the jury were instructed to return a verdict for the defendant, which they did. Judgment was rendered on the verdict, and plaintiff appeals.

<p>Appeal from, Mahaska District Court. — Hon. D. Ryan, Judge.</p> <p>Replevin for a stock of restaurant goods. From a judgment for the plaintiff the defendant appeals.</p>

— Hon. W. R. Lewis, Judge. TnE defendant constructed and operated a railroad over plaintiff’s land, wbo thereupon, under the statute, instituted an ad quod darrmum proceeding for the value of the land thus taken and appropriated, and recovered judgment therefor upon the assessment of the sheriff’s jury. The defendant appealed to the district court, and filed, an equitable answer and cross-bill, which plaintiff answered, setting up defenses thereto.

— Hon. W. E. Lewis, Judge. Action at law to recover the value of certain cattle taken and converted to his own use by each of the defendants, upon which plaintiff holds a chattel mortgage, which has been foreclosed, and judgment rendered against the mortgagor for the debt. The cases involve like facts, and were tried together to the court, without a jury, and judgment rendered for plaintiff. Defendants appeal.

— Hon. C. H„ Lewis, Judge. Action for the recovery'of damages sustained by the plaintiff by reason of the killing of certain of his cattle upon the track of defendant’s railroad by locomotive engines and trains run by the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

— Hon. A. B. Thornell, Judge. Action to enjoin the defendant from opening, breaking or interfering with certain fences. The plaintiff is a corporation, organized and existing under the laws of this state.. In 1883, this company owned and operated a railway through section 19, township 77, range 41, Pottawattamie county. In that year proceedings were had for laying out and establishing a 'highway across appellant’s track and right of way in said section.

— .Hon. D. Ryan. Judge. The plaintiff sought the establishment of a claim against the estate of S. 0. Cook, deceased. From the action of the district court in refusing the claim, the plaintiff appeals.

— Hon. C. M. Waterman, Judge. Action to recover an amount of money deposited in the German Savings Bank of Davenport by plaintiff’s intestate, and withdrawn after her death by defendants, and alleged to have been by them wrongfully converted to their own use. A verdict was returned for plaintiff' by direction of the court,, and judgment rendered thereon for $2,006.58 and costs.' Defendants appeal.

— Hon. C. P. Couch, Judge. Action to recover the possession of real estate. There was a trial by jury, and a verdict and judgment for plaintiff. The defendants appeal.

— Hon. John J. Net, Judge. The plaintiff filed a motion for the retaxation of costs, which was overruled. From this decision he appeals.

— Hon. J. M. Casey, Judge. Action in equity, under the statute, to enjoin the manufacture, sale and keeping for sale of intoxicating liquors in certain premises described, and to abate the nuisance.

— Hon. C. H. Lewis, Judge. Action for the condemnation of a right of way-over plaintiff’s lands. From the findings of a jury on appeal to the district court the defendant appeals to this court.

— Hon. Geobge W. Ruddick, Judge. Action to quiet the titles to lands. The facts appear in the opinion. There was a decree granting the relief prayed for in plaintiff’s petition. Defendants appeal.

— Hon. John J. Net, Judge. Action for tbe abatement of a nuisance caused by the keeping for sale and selling of intoxicating liquors contrary to law. Plaintiff appeals from so much of the judgment rendered on the final submission of the cause as disallowed an attorney’s fee.

— Hon. R. C. Henry, Judge. After the defendant had filed his answer the plaintiffs filed an amendment to their petition as a second count thereof. The amendment does not state any different cause of action from that presented in the original petition, but states the same cause of action more at length.

— Hon. W. E. Conrad, Judge. On the twenty-fourth day of September, 1885, the plaintiff recovered a judgment against a corporation, known as the “Pilcher Capital City Electric Light Company,” for three hundred and sixty-one dollars. Execution was issued upon said judgment, and it was returned unsatisfied, because the corporation had no property upon which to make a levy.

— Hon. G. W. Ruddick, Judge. The petition shows that, in 1885, the plaintiffs were a partnership engaged in the practice of law, and that as such they were employed to commence and prosecute a divorce proceeding for the defendant’s wife against him, and that the suit was commenced and prosecuted in the district court for Cerro Gordo county, and on appeal in this court; that in the prosecution of such suit the plaintiff therein incurred costs and expenses, including…

<p>Appeal from Winnebago District Court, — How. J. C. Sherwin, Judge.</p> <p>Action to quiet title to land. Upon a trial on the merits there was a decree granting the relief prayed for in. plaintiffs petition. Defendants West and Price appeal. . • •</p>

— Hon. W. F. Conbad, Judge. Proceedings to recover forfeiture on bonds given under the statute for the sale of intoxicating liquors. Judgment for plaintiff, and defendants appeal.

— How. Scott M. Ladd, Judge. Action in equity to set aside a sheriff’s sale and deed, and to enjoin the defendant and those holding under him from claiming title thereunder to certain lands. Decree for plaintiff. Defendant appeals.

<p>Appeal from Delaware District Court. — Hon. John J. Ney, Judge.</p> <p>Appeal from an order allowing a claim against the estate of R. P. Stewart, insolvent.</p>

— Hon. George Carson, Judge. The defendant was indicted for the murder of one Lawrence Dolan. Upon a trial he was convicted of manslaughter, and sentenced to imprisonment in the state penitentiary for seven years. He appeals.

<p>Appeal from, Boone District Court. — Hon. S. M. Weaver, Judge.</p> <p>Defendant was indicted and convicted of keeping a house of ill-fame. He appeals to this court.</p>

—Hon. L. E. Fellows, Judge. The defendant was convicted of the crime of seducing one Sarah. J. French, an unmarried female of previously chaste character, and he appeals.

— Hon. John L. Stevens, Judge. Action to recover the amount due on two promissory notes, and to foreclose a mortgage given to secure their payment. Sarah K. Sheets claims a dower interest in a part of the mortgaged premises, and a decree was rendered in her favor. From that decree plaintiff appeals.

— Hon. Scott M. Ladd, Judge. The issues of this action are as to the priority of mortgages held by the parties respectively. The district court gave judgment for the plaintiff, from which the defendant appeals.

— Hon. George H. Carr, Judge. The petition, after showing plaintiff ’ s appointment as administrator of Thomas Gorman, deceased, and that defendant is operating a railway, charges that the deceased came to his death when in the employment of defendant as a brakeman on one of its freight trains, while engaged in uncoupling, by being run over by the train, without fault or negligence upon his part contributing thereto, and because of the negligence of the defendant.

— Hon. S. M. Weaver, Judge. The defendants were indicted, tried and convicted of tlie crime of keeping and maintaining a liquor nuisance, and they appeal.

— Hon. John J. Net, Judge. Action at law to recover damages for a personal injury, alleged to have been received by the plaintiff by being knocked down and run over by a horse and buggy driven by the defendants. There was a trial by jury, and a verdict and judgment for defendants. Plaintiff appeals.

— Hon. Scott M. Ladd, Judge. Action to subject certain lands to the payment of a. judgment for alimony. There was a decree for plaintiff, and the defendants appeal.

— Hon. John L. Stevens, Judge. Action in chancery to enforce the alleged right of plaintiff to redeem, as a junior judgment creditor, from a sale of lands upon a senior judgment. The relief sought in the petition was granted by the decree. Uefendants appeal.

— Hon. C. II. Lewis, Judge. Action at law to recover damages for alleged false and fraudulent representations made by the defendant to the plaintiff, by which, it is claimed, plaintiff was induced to purchase certain real estate with a mistaken belief as to its location. There was a trial by jury, which resulted in a verdict and judgment for the defendant. Plaintiff appeals.

<p>Appeal from Dubuque District Court. — Hon. C. F. ' Couch, Judge.</p> <p>Action to quiet title of real estate. Prom a judgment for defendants, plaintiff appeals.</p>

— Hon. 0. H. Lewis, Judge. Action on account, aided by attachment against the defendant as a non-resident of the state. Plaintiff filed his petition asking to recover on account for services rendered, and for attachment, on the ground that defendant was a non-resident of the state.

<p>1. Schools and School Districts: mandamus to compel directors to provide schools. When school directors neglect and refuse to provide such school facilities to children in their district as it is their duty under the law to provide, mandamus is the proper remedy.</p> <p>3. -: territory detached from civil townships: EFFECT OF' code, SECTION 1713, to restore it. Section 1713 of the Code, declaring that each civil township is “ a school district for all the purposes of this chapter, subject to all the provisions hereinafter made,’’ did not have the effect to restore to a civil township territory which was at the time of its enactment detached, and organized with the territory of another township into a school district under the laws existing prior to such enactment. Section 1798 of the Code, providing that, “ where territory has been * * * set into an adjoining county or township for school purposes, such territories may be restored,” by pursuing the course therein pointed out, is inconsistent with the theory that it was absolutely restored by section 1713, — both sections being a part of the same enactment,, and each being entitled to have force and effect in the interpretation.</p> <p>3. Statutes: repeal: effect: school districts. In considering the effect of the Code in restoring to civil townships territory previously detached for school purposes, the following language is quoted with approbation: “When statutes are repealed by acts, which substantially retain the provisions of the old laws, the latter are held not to have been destroyed or interrupted in their binding force. In practical operation and effect, they are rather to be considered a continuance and modification of old laws, than as an abrogation of the old and the re-enactment of new ones.”</p>

— Hon. Josiah Given, Judge. An information was filed before a justice of tlie peace, alleging that certain intoxicating liquor owned by Con Creeden was kept in the freight depot of the Chicago, Rock Island and Pacific Railroad Company, intended for sale in violation of the laws of the state. A search-warrant was issued upon this information, and there were found thereon and seized six separate packages of whiskey. Upon the return of the warrant the liquor was condemned.

— Hon. C. P. Couch, Judge. Action to recover fees alleged to be due plaintiff as sheriff of Grundy county. Judgment for plaintiff, and the defendant appeals.

—Hoisr. W. R. Lewis, Judge. This is an action to recover interest on a certain amount of money which was deposited by the defendant, as compensation for a right of way for its railroad over certain land of the plaintiff. The money was deposited with the sheriff, in pursuance of law, after the amount had been ascertained by the verdict of a jury in the district court, and pending an appeal to this court.

— Hon. L. O. Hatch, Judge. . Action to recover the value of a certain horse killed while upon defendant’s railroad track, by a train operated thereon. There was a judgment upon a verdict for plaintiff. Defendant appeals.

— Hon. S. M. Weaver, Judge. Action to recover an amount alleged ,to be due on two promissory notes, and to foreclose a mortgage given to secure their payment. Defendants August and Mary Bramer admit the making of the notes, and the execution of the mortgage, but allege that the notes were usurious, and that the amount for which they were responsible thereon has been fully paid.

Charles T. Granger, Judge. Action of replevin. The ease was tried without a jury, and a judgment for defendant rendered upon facts found by the court. Plaintiff appeals.

— Hon. O. B. Ayres, Judge. Action to subject certain premises claimed as a homestead to the payment of a judgment. There was j ad ument for defendant, and the plaintiff appeals.

<p>Appeal from Wayne District Court. — Hon. J. W Habyey, Judge.</p> <p>Aotion to recover damages for an injury for wbicli defendant is alleged to be responsible. After the evidence had been fully introduced, the court withdrew the case from the jury, and rendered judgment in favor of defendant for costs. The plaintiff appeals.</p>

— Hon. John L. Stevens, Judge. Action for damages to a coal mine and certain personal property. Judgment for defendant, and plaintiff appeals.

— Hon. C. F. Couch, Judge. This is a proceeding by Michael Duggan for the probate of an instrument in writing alleged to be the will of James McBreen, deceased. After the parties to the proceeding had rested their case, the court instructed the jury to return a verdict for the proponent. A verdict was returned in accordance with the instructions, and the instrument was admitted to probate as the will of decedent. The contestants appeal.

— Hon. L. G. Kinne, Judge. The defendant was convicted of the crime of furnishing to a pregnant woman a certain article or thing designed and intended for procuring an abortion. He appeals.

<p>Intoxicating Liquors: unlawful sales : nuisance : evidence. The evidence in these cases shows that all the sales of intoxicating liquors made by defendants, of which complaint is made, were-made under lawful permits, as extended by section 17, chapter 71, Laws of 1888, and the only evidence that any of the sales were unlawful was in the nature of an inference from the quantity sold. Held that this was not sufficient to justify a finding, that defendants were guilty of nuisance by reason of the sales.</p> <p>3. -: nuisance: manufacture for export alone. The manufacture of intoxicating liquors within this state, without a lawful permit, though for the purposes of export only, renders the manufactory a nuisance. (Compare Pearson v. International Distillery, 73 Iowa, 349.)</p> <p>3. -:-: constitutionality of statute. The statute providing for the destruction of liquors found in a place adjudicated to be a liquor nuisance, and for the removal and sale of the furniture, fixtures, etc.,does not violate the fourth and fourteenth amendments to the constitution of the United States,nor sections 8 and 9, of article 1, nor article 3, of the constitution of Iowa, on the ground that it attempts to forfeit private property by legislative enactment, nor on the ground that it authorizes such forfeiture in a criminal action against the owner without giving him his day in court in an action against the property; because the forfeiture contemplated by the statute is determined only by the judgment of a court of competent jurisdiction, in a proper case for the punishment of the' offender and the abatement of the nuisance, after due notice. The action in such case is against the place as well as against the-person.</p> <p>4. -: ---: abatement: writ: definiteness. In an action to' abate a brewery as a liquor nuisance, where the evidence shows that all intoxicating liquors on the premises described are subject to seizure and destruction, and that all fixtures, furniture, vessels and aE movable property, used on or about the premises in carrying on the unlawful business, should be seized and sold, a warrant directing the sheriff to abate such nuisance by seizing and destroying the liquors on the premises (describing them), and removing from the building all fixtures, furniture, vessels and movable property used on or about the premises in carrying on the unlawful business of manufacturing intoxicating liquors, and to sell the same, describes the property as “ particularly as may be,” and is not subject to the objection that it leaves to the discretion of the officer what to seize, destroy and sell.</p> <p>5. -:-: -: CLOSING BREWERIES “ FOR SALOON PURPOSES.” The statute providing for the abatement of a liquor nuisance prescribes that it shall he done by (among other things) securely closing the building “ as against the use or occupation of the same for saloon purposes.” Held that the word “saloon,” as here used, means more than simply a place for the retail of intoxicating drinks, and includes all places which are made nuisances by the ' violation of the prohibitory liquor law; and that the statute thus authorizes and directs the closing of a brewery which is found to be a nuisance on account of the unlawful manufacture of beer therein.</p> <p>fi. -:-:-: attorney’s pees : evidence. In actions to abate liquor nuisances, where there is no controversy as to the amount of attorney fees which plaintiff should recover, the judge may, upon the record and his own knowledge of the services rendered in the case, fix the amount; but where there is a controversy as to the amount to be taxed, evidence should be heard, and the amount determined from the evidence and the record alone.</p>

— Hon. Marcus Kavanagii, Judge. Action upon an account, and upon a promissory note. The defendant pleaded a counter-claim. . The cause was tried to a jury, and upon direction of the court a verdict was returned, and judgment rendered thereon. Defendant appeals.

— How. S. M. Weaver, Judge. Defendant was indicted and convicted of keeping a nuisance, by maintaining a place for the unlawful sale of intoxicating liquors. He now appeals to this court.

— Hon. David Ryan, Judge. This is an action at law to recover upon an account for ground feed sold to the defendants. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendants appeal.

— Hon. J. B. Cleland, Judge. Replevin for a span of horses. The district court gave judgment for the plaintiff, and the defendant .appeals.

<p>Appeal from Mahaska District Court. — Hon. David Ryan, Judge.</p> <p>Action to recover damages for personal, injury; trial to a jury ; verdict for defendant; motion by plaintiff for new trial; .motion sustained, and defendant appeals.</p>

— Hon. J. L. Stevens, Judge. Action at law to recover for the storage of corn. There was a judgment upon a verdict for defendant. Plaintiffs appeal.

— Hon. John C. Sherwin, Judge. Action to recover an amount alleged to be due by virtue of an agreement of settlement for services rendered by plaintiffs as attorneys. A judgment was rendered in favor of plaintiffs. Defendant appeals.

<p>i. Criminal Law: witnesses : filing of testimony given before grand jury : entry in APPEARANCE DOCKET. Minutes of testimony taken before the grand jury, not being “pleadings,” are not required by section 200 of the Code to be entered in the appearance docket; and, though they are required to be filed in the case, they are sufficiently filed when delivered to the clerk to be kept as a part of the record, and such filing need not be evidenced by the clerk’s signature endorsed thereon, though such endorsement is always advisable. (See opinion for citations.) Consequently, the want of the memorandum in the appearance docket, and of the clerk’s signature to the filing, does not bar the state from calling the witnesses on the trial of the indictment.</p> <p>2. -: WITNESSES NOT NAMED IN INDICTMENT. It ÍS not error to allow the state to examine witnesses who have testified before the grand jury, and whose testimony has been returned with the indictment, though their names have not been endorsed on the indictment, — where the indictment is not assailed on account of the failure to make such endorsement. (See State v. Fowler, 53 Iowa, 103, and State v. Flynn, 42 Iowa, 164.)</p> <p>3. -: WITNESSES NOT BEFORE GRAND JURY: EXAMINATION ON notice : limitations. Where a witness not before the grand jury is introduced by the state upon notice to the defendant, under Code, section 4421, stating what the state will prove by him, it is not limited in its examination of him to the matters named in the notice. (See opinion for citations.)</p> <p>4. -: witnesses : wrong initials on indictment :. error CURED. T. B. R. was examined as a witness on the allegations of one count only of the indictment. His name was not on the indictment, but the name “Burr R.” was. Held that whatever error there was in this was cured by the court’s direction to find for the defendant on the count to which the testimony of the witness related.</p> <p>5. -: MISCONDUCT OF JUROR DURING ADJOURNMENT : NO GROUND for reversal. Tile fact that a juryman in a criminal case, pending the trial, and during an adjournment of the court, violates the orders of the court, and is guilty of reprehensible conduct in talking to another about the case, is no ground for a reversal of a judgment of guilty, where the whole tenor of the conversation, so far as shown, is in defendant’s favor.</p>

— Host. John C. Sherwin, Judge. This is an action to recover the contract price for certain hay in the stack,' sold by the plaintiff, as he alleges, to a partnership firm of which the defendant was a member. The claim also includes an item for the boarding of certain employes of the partnership while engaged in pressing said hay.

— Hon. W. F. Brannan, Judge. Action in chancery to set aside a deed to certain-lands, executed by plaintiff’s ward. After a trial on the merits, plaintiff’s oetition was dismissed. She now appeals to this court.

— Hon. John J. Ney, Judge. , Action upon a promissory note. The answer set up that the note was usurious, and that fifteen dollars of usurious interest was actually paid to the plaintiff. There was a trial by jury, and a verdict and judgment against the plaintiff, and he appeals.

— Hon. L. O. Hatch, Judge. This action was commenced in justice’s court to recover the sum of twenty-four dollars claimed by plaintiff to be due on account. The petition was duly verified. Defendant filed an answer which contained a general denial, and also a counter-claim for the sum of one hundred dollars alleged to be due defendant from plaintiff. The answer was verified as to all it contained excepting the counter-claim.

G. W. Ruddick, Judge. Proceedings under tbe bastardy act to compel the defendant to maintain Ms alleged illegitimate child. There was a verdict of guilty, and from a judgment of maintenance the defendant appeals.

— Hon. - Marcus. Kavanagii, Jb., Judge. The defendant was tried and convicted upon an indictment for receiving a bribe, and he appeals.

— Hon. John J. Net, Judge. Action in chancery to foreclose a mortgage. There' was a judgment for the debt secured, and a decree foreclosing the mortgage as to a part of the land covered thereby. Plaintiff and defendant Antoinette Kraffc appeal.

— Hon. George. H. Carr, Judge. Action to enforce specific performance of the sale of real estate, and to quiet the title thereto. The district court gave judgment for the defendants, and the plaintiff appeals.

— Hon. Henry Bank, Jr., Judge. This is an action in equity by which the plaintiff seeks to vacate and annul a judgment rendered against it in the court below at the suit of the defendant Thomas Waterhouse.

— Hon. D. J. Lenehan, Judge. Plaintiffs sue for the purchase price of a quantity of cigars. Defendant admits the claim, and, by way of cross-action, claims damages for breach of contract for the delivery of cigars. Prom a judgment for plaintiffs, the defendant appeals.

— IIon. Henry Bank, Jr., Judge. Action at law for the recovery of double the value-of a horse alleged to have been killed by a train on. defendant’s railroad. There was a trial upon the merits, and a judgment for the defendant for costs. Plaintiff appeals.

<p>Appeal from Howard District Court. — Hon. L. 0. Hatch, Judge.</p> <p>Action by plaintiff for divorce and alimony. Defendant denies the grounds for a divorce alleged by plaintiff, and by cross-petition demands a divorce from plaintiff, and asks that the title to a forty-acre tract of land be quieted in him. After a hearing on the merits, the district court rendered a decree in favor of plaintiff, divorcing her from defendant, confirming her title to all personal and real estate to which she holds the legal title including the tract of land claimed by defendant, and requiring him to pay to her the sum of thirty-five hundred dollars as permanent alimony. The defendant appeals.</p>

— Hon. W. P. Brannan, Judge. Action to recover for malpractice and want of care in tke treatment of a broken leg of plaintiff. There was a trial to a jury and a verdict for plaintiff. Defendants appeal. -

— Hon. J. H. Macomber, Judge. Action iu chancery to set aside a will which had been duly admitted to probate, on the ground that it was executed by the testator through undue influence. The answer alleges that the will was admitted to probate after notice, and that plaintiffs are therefore barred and estopped to maintain this action. A demurrer to this allegation of the answer was sustained. Defendants, standing on their pleading, appeal to this court.

— Hon. W. F. Brannan, Judge. What purported to be the last will and testament of Juliet Carman was made and executed on the twenty-fifth day of April, 1887, and she died on the fifteenth day of June in the same year. The will was presented for probate by her daughter, Maria J. Seaward.

— Hon. D. J. Leneiian, Judge. This is an action in equity by which the plaintiff seeks to enjoin the defendant from keeping and maintaining a nuisance by unlawfully selling intoxicating liquors in a certain room in a building in the city of Dubuque.

— Hon. John L. Stevens, Judge. Action upon a note given as colia ter al security for the performance of a contract to deliver a certain number of Texas ponies. From a judgment for plaintiff the defendants appeal. '

— Hon. S. M. Weaver, Judge. This is an action upon a promissory note executed by the defendant the Iowa Railway and Construction Company to the plaintiffs, and to foreclose certain trust deeds upon real estate, and a chattel mortgage, and to appropriate and foreclose the right of the defendants in certain railroad bonds, all of which are held by the plaintiffs to secure the payment of the note.

— How. O. B. Ayres, Judge. Ti-irs cause and four other cases, involving what is claimed to be similar questions, were tried at one time, in the court below, as equitable actions. They involve conflicting claims of creditors to priority in the assets of the defendant D. W. Halsted, who failed in business about February, 1887. The plaintiffs in the actions are creditors, who base their claims upon certain attachments by garnishment.

— Hon. John W. Harvey, Judge. . Action against tlie sureties upon a bail bond given by one indicted, requiring him to appear and answer to the indictment, and obey the orders of the court. There was a judgment on a verdict for plaintiff. Defendants appeal.

— Hon. A. B. Ti-iornell, Judge. Action in chancery to quiet in plaintiffs the title to certain town lots. There was a decree for plaintiffs. Defendants appeal. The facts of the case appear in the opinion.

— Hon. George W. Wakefield, Judge. This is a proceeding by certiorari to test the legality of the action of the city council of the defendant city in assessing a special tax on the property of plaintiff to pay the cost of paving portions of certain streets on which its railway tracks are situated. The district court- overruled a demurrer to the petition, and, the defendant electing to stand thereon, judgment was entered against it. The facts are stated in the opinion.

— Hon. D. J. Lenehan, Judge. Quo warranto to determine whether the plaintiffs or defendants, and their respective associates, were the true and rightful members and corporators of the Ancient Order of United Workmen, an incorporation of the state of Iowa, and to oust and exclude defendants and their associates from acting as such incorporation, and exercising any of its powers, functions and franchises.

<p>Appeal : NO NOTICE TO CLERK : DISMISSED.</p>

— Hon. J. M. Casey, Judge. Action to restrain and abate a nuisance maintained by keeping a place for the unlawful sale of intoxicating liquors. A demurrer to the answer was overruled, and plaintiff refusing to further plead, but standing on his pleadings, his petition was dismissed. He now appeals.

— Hon. Geo. Carson, Judge. The plaintiff by her petition demanded judgment against tho defendants for seven hundred and ninety-live dollars, being a balance which she claimed to be due to her as money collected by defendants for her and which they refused to pay over. The defendants answered in denial and set up an account against the plaintiff for legal services and other items of charge, and demanded judgment against the plaintiff for a balance alleged to be due them.

— Hon. Geo. H. Carr, Judge. Action for a divorce. The defendant, denying the allegations of plaintiff’s petition, made his answer a cross-bill, in which he prayed for a divorce upon grounds therein alleged. Upon a trial on the merits both the petition and cross-bill were dismissed. Plaintiff appeals.

<p>Appeal from. Jasper District Gourt. — Hon. D. Ryan, Judge.</p>

Apipeal from Johnson District Court. — Hon. S. H. Fairall, Judge. Action to set aside and cancel a certain written contract for the sale of real estate, on the grounds that the plaintiff executed the same under undue influence, and for an inadequate consideration.

— Hon. JohnT. Stoneman, Judge, This is an action upon an injunction bond. There was a trial by the court and a judgment for the plaintiff. Defendants appeal.

<p>Appeal from Gass District Court. — Hon. C. F. Loofbourow, Judge.</p> <p>Action to enjoin the collection of certain taxes. There was a judgment for the defendant, and the plaintiff appeals.</p>

Appeal from Webster District Court, Action in equity to recover taxes paid under substantially the same circumstances as in Goodnow v. Stryker, 61 Iowa, 261. Judgment for plaintiff. Defendant appeals.