Volume 81 — Iowa Reports

Hon. Henry Bank, Jr., Judge. Actioít to recover damages on account of a personal injury received by plaintiff while in the service of defendants. There was á trial by jury, and a verdict and judgment for plaintiff. The defendants appeal. The rule in this state is that an opinion does not disqualify if the juror believes he can render an impartial verdict according to the evidence. State v. Hinkle, 6 Iowa, 380; State v. Munchrath, 43 N. W. Rep. 213.

— How. J. H. Henderson, Judge. Iwdictmeitt and verdict for murder in the first degree ; and from a judgment of imprisonment for life the defendant appeals.

— Hon. J. M. Casey, Judge. Action in equity to enforce an alleged verbal agreement to. convey certain real estate, together with the furniture, etc., situated upon the same.

— How. W. F. Co head, Judge. ,Oisr October 10, 1889, the grand jury returned an indictment charging the defendant with the crime of larceny by embezzlement of two diamond eardrops, of . the value of one hundred and fifty dollars, committed on the twenty-seventh day of September, 1889.

<p>Appeal from Polk District Court. — Hon. W. F. Conead, Judge.</p> <p>The defendant was convicted upon an indictment for robbery, and he appeals.</p>

— Hon. II. E. Deemer, Judge. The defendants made separate motions to set aside separate sales of land upon two executions, each issued upon a different decree of foreclosure. The motions in the court below were each overruled. Defendants appeal in each case. The cases are presented together in this court. The parties in each case are the same, v

— Hon. John L.. Stevens, Judge. This action involves the question as to the rightful ownership of two and one-half shares of the capital stock of the Marshalltown Opera-House Company. The plaintiff claims to be the owner thereof by virtue of a purchase at sheriff’s sale on. an execution against one-F. J. Peterson; and the defendant, the First National Bank of Marshalltown, claims said stock as collateral, security for a debt owing by said Peterson to said bank.

<p>1. Liquor Nuisance: evidence op liquors pound at another place. Upon'an indictment for keeping a saloon nuisance, after a witness had given testimony tending to show that liquors were kept and sold by defendant at the place named, it was proper to allow him to testify to finding five barrels of bottled beer at the residence of defendant’s father, with whom defendant resided, in another part of the city.</p> <p>2. Appeal: instruction not set out in record. This court cannot pass upon the correctness of an instruction not set out in the record.</p> <p>8. Instructions: specific defenses. When the instructions given are correct, and fairly cover all the defenses pleaded, the defendant cannot complain that they were not more specific as to a particular defense, where he has failed to ask for such specific instruction.</p> <p>4. Liquor Nuisance: evidence of'ille&al sales: presumption: instruction. In a prosecution for liquor nuisance, the court instructed that the finding of intoxicating liquors, except in the possession of one legally authorized to sell the same, or except in a private dwelling-house which does not include, or is not used in connection with, a tavern, public eating-house, restaurant, grocery, or other places of public resort, is presumptive evidence that such liquors were kept for illegal sale, and that proof of actual sale is presumptive evidence of illegal sale. Held, not subject to the objection that it does not state the law in clear and concise language.</p>

— Hon. C. H. Lewis, Judge. ActioN by equitable proceeding to quiet the title to certain land in the plaintiff, as against the defendants, M. E. Lewis, C. A. Dodge, Austin Corbin and Henry Kamp. The plaintiff claims ownership and title under a tax deed from the treasurer of Sioux county to P. M. Hubbeli, executed March 12, 1864, upon a sale made November 6, 1860, Hubbeli having conveyed said land to Franklin Keeney, who thereafter conveyed the same to the plaintiff.

— IION. H. C. Lewis, Judge. ActioN to quiet title in certain real estate.

.Appeal from Clinton District Court. — Hou. W. F. BrawNON, Judge.' Tiie defendant was convicted of tbe crime of libel, and was adjudged to pay a fine of fifty dollars and costs. From that judgment he appeals.

— Hon. S. II. Fairall, Judge. Indictment for lewd and vicious cohabitation. On motion of defendants, the court directed a verdict in their favor, and the plaintiff appealed.

<p>Appeal from Kossuth District Court. — Hon. George H. Carr, Judge.</p> <p>These actions were brought to quiet title in the plaintiffs to certain lands described. The pleadings and proofs being the same in e&ch case, except as to the descriptions of the land in question, and the parties defendant, they were submitted together in the district court, and decrees entered for the defendants, from which plaintiffs appeal. The cases are again submitted together here.</p>

— Hon. C. H. Lewis, Judge. Actioh by attachment upon an account for goods sold. Intervenors claimed the right to the property attached, and their claim was sustained by the judgment of the district court. From this judgment plaintiffs appeal.

— IIon. Charles H. Phelps, Judge. • The defendant holds the legal title to a farm in Des Moines county, consisting of two hundred and twenty acres. The plaintiff, who is the son of the defendant, has been in the possession of part of the farm for a number of years. The defendant commenced an' action of forcible detainer against the son to obtain possession of the land.

— How. Gr. W. Ruddick, Judge. The defendant was indicted for the crime of murder, and upon a trial was found guilty of manslaughter. He was adjudged to be imprisoned for two years at bard labor in the penitentiary at Anamosa, and to pay the costs, and from that judgment he appeals.

— Host. S. M. Weaver, Judge. Tiie defendants, James O’Brien, James Morgan and John Stay, were indicted and convicted of burglary, and now appeal to this court.

— Hon. Del Stuart, Judge. Actioít in equity for judgment on a promissory note, and to foreclose a mortgage upon sixty acres of land to secure tbe payment of the note.

<p>Appeal from Black Hawk District Court. — How. JOHN J. Net, Judge.</p> <p>The defendant was indicted for the murder of Willis S. Kingsley on the twenty-first day of December, 1887, in Bremer county. The indictment was tried in Bremer county in 1888, and a verdict was returned of murder of the second degree, and from the judgment thereon, of life imprisonment, the defendant appealed, and the judgment was reversed, and a new trial ordered. The venue of the case was changed to Black Hawk county, where the case was again tried, with a like verdict and judgment, .and the defendant again appeals.</p>

— Hoist. J. H. P best ON, Judge. Action to recover damages for personal injuries sustained by falling into an opening in one of tbe public sidewalks of the defendant city, because of the alleged negligence of the city in not repairing said walk, and in not adequately protecting those using the same from falling into the opening therein. There was a trial to a jury, resulting in a verdict and judgment for plaintiff. The defendant appeals.

— Hon. W. F. BraNítah, Judge. The defendant was indicted for the crime of adultery. A demurrer to the indictment was sustained; and the state appeals.

— How. George W. Wakefield, Judge. Action upon a promissory note. There was a judgment upon a verdict for the plaintiff. The defendant aupeals.

<p>Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge.</p> <p>This is an action in equity, wherein the plaintiff seeks to have enjoined the foreclosure of a chattel mortgage on certain ho,tel property. The defendant seeks to recover of plaintiff the sum of one hundred and fifty dollars, on account of money paid by virtue of an agreement which was rescinded, as he alleges, in consequence of the fraudulent conduct of plaintiff. After a trial upon the merits, the district court dismissed the petition of plaintiff, and rendered judgment in favor of defendant for one hundred and fifty dollars, with interest, and costs. The plaintiff appeals.</p>

— How. H. C. Traverse, Judge. The defendant was tried, convicted, and sentenced to imprisonment in the penitentiary for two years and six months, upon an indictment for the larceny of two horses, and he appeals.

— Hon. í. E. Fellows, Judge. This is an action in equity upon a certificate of life insurance issued to Andreas Matt, payable upon his death to plaintiff, asking a decree that defendant be required to make an assessment based on the death of said Andreas Matt, and pay the proceeds to plaintiff.

— HoN. S. M. Weaver, Judge. Indictment for murder in the first degree. On the seventh day of March, 1887, the defendant was in the employ of Hurlbut, Hess & Co. and C. H. Ward.

<p>Conversion : agency. One charged with the unlawful seizure and conversion of personal property cannot escape liability therefor upon the ground that the seizure and conversion were made by him simply as the agent of another.</p>

— Hour. C. H. Lewis, Judge. This is an action of replevin for the possession of á threshing machine, known as a Minnesota chief separator. A jury was waived, and the cause was tried to the court. There was a judgment entered for the plaintiff. The defendants appeal.

— Hon. A. B. Thornell, Judge. This is an action in equity, wherein the plaintiff obtained personal judgment against defendants, L. M. and J. H. Arnold, upon their promissory note for fifteen hundred dollar's, and a decree as to all tbe defendants, foreclosing a mortgage executed by L. M. and J. II. Arnold to J. W. Squire, trustee, on tbe northeast ■quarter of section twenty-three, township seventy-five, range forty, to secure said note.

— Hon. C. H. Lewis, Judge. Action to recover the amount of a promissory note, and to foreclose a mechanic’s lien. A decree was rendered in favor of the plaintiff. The defendants appeal.

<p>Appeal from Muscatine District Court. — How. A. How at, Judge.</p> <p>Actiow in chancery for the construction of a will. A demurrer to the petition was sustained. Plaintiff appeals.</p>

— Hon. J. D. GieeeN, Judge. The plaintiff claims title to certain real estate, as legatee nnder the will of James M. Peet, deceased, and asks to have his title quieted as against appellant, the widow of said deceased. The plaintiff ’ s claim for this relief is based upon an antenuptial, agreement entered into between the deceased and appellant before their marriage.

Host. E. E. Aylesworth, Judge. Proceedings in habeas corpus. The case is submitted on an agreed abstract which shows that plaintiff presented his petition, alleging that he was illegally restrained of his liberty by the defendant by virtue of the order hereinafter referred' to. Defendant answered, denying the illegality of the restraint, and alleging .that he detained the defendant for refusing to comply with said order.

— Hon. J. K. Johnson, Judge. Action of mandamus to compel tbe refunding of •certain taxes paid by plaintiff and by bis assignors to .aid in tbe construction of a railway. There was a trial by the court, and a judgment in favor of plaintiff. The defendants appeal.

— Hon. C. H. Lewis, Judge. Action to quiet the title to lot nine, block three, Cole’s addition to Sioux City. Decree for defendants, from which the plaintiff appeals.

— Hon. C. M. Waterman, Judge. . Application to have set aside an order discharging the administratrix of an estate, and for leave to prove a claim against the estate. ' A demurrer to the petition was sustained, and judgment rendered in favor of the defendant for costs. The plaintiff appeals.

— Hon. Andrew PIowat, Judge. This is an equitable proceeding, the object of whicli is to determine the rights of the parties to the proceeds of a benefit certificate, issued by the Iowa Knights of Pythias Insurance Association upon the life of William Burrows, deceased.

— Hon. C. F. Couch, Judge. ’ Action in replevin. The jury returned its verdict for defendant on tbe fourth day of June, 1888, and on the seventh day of June the plaintiff filed its motion for a new trial, which, was by agreement, submitted to the judge in vacation, who in vacation prepared an order of which the following is the material part for the purpose of this appeal: “The following order is made by consent of parties in vacation, upon condition that the plaintiff pay…

<p>1. Attorney and Client: negligence : damages. The employment of an attorney to appeal and prepare a case for trial, to prepare an abstract and do all things necessary to present said cause to the supreme court, includes all that an attorney can do in the direction of the appeal, and to prosecute the same to a final decision in that court; and if, without requesting money of the client for prosecuting the appeal, he fail to do anything in the cause further than prepare and serve a notice of appeal, and direct his client to procure a bond, and the cause is affirmed in the supreme court on motion of the appellee therein, and judgment is rendered against the client for costs, because of the negligence of the attorney to prosecute said appeal, and he deceives his client by represéntations that he knows what to do, and is attending to said appeal, the attorney will be liable in damages to the client for the amount of the judgment rendered against him, with interest.</p> <p>2. -: evidence: opinions. An inquiry whether specified services sued upon were rendered by an attorney in pursuance of a particular contract calls for a fact and not an opinion, and is one that may be answered by the client.</p> <p>3. Attachment: damages : evidence. In an action for the wrongful suing out of an attachment levied upon a stock of merchandise, which was thereupon removed from the storeroom where it had been kept, evidence of the value of the stock, and that a portion thereof was of a perishable nature, and of the extent to which the same was damaged, is competent.</p>

— Hon. D. Ryan, Judge. Action to enjoin the opening of an alleged public highway. The county of Jasper was made a party defendant by order of the court. On final hearing a decree was rendered, from which plaintiff and the county of Jasper appeal. The facts are stated in the opinion.

— Hon. C. F. Couch, Judge. Action brought by plaintiffs to recover the possession of certain promissory notes. Upon filing its answer, defendant asked to have the cause transferred to the equity docket, and that was done, and the cause was thereafter treated as in equity. After a hearing upon the merits, judgment was rendered in favor of defendant. The plaintiffs appeal. Í

— Hon. Gr. W. Ruddiok, Judge H. & A. Neinstedt were the sons of-Charles Nein-stedt, Sr., and, from 1882 to 1884, were a firm doing business as merchants at Rudd, Iowa, under the firm-name of H. & A. Neinstedt. In 1884, H. Neinstedt died, and A. Neinstedt .continued the business in the firm-name.

<p>1. Appeal: RECORD: documentary evidence. Where the transcript of the reporter’s notes shows that certain documents were offered in evidence, identified by exhibit marks, and, with two depositions of a witness named, were read upon the trial; and attached to such transcript are documents bearing exhibit marks identical with those called for in the transcript, and two depositions of the said witness, entitled as in the same cause, and filed ' in the office of the clerk of district court; “and the transcript contains a copy of the judge’s certificate to the original report of the evidence in short-hand, certifying that the, same, together with the documentary evidence therein referred to, contains all the evidence offered; and the documents and depositions set out in the abstract are identical with those attached to said transcript, the identification of such documents and depositions will be deemed sufficient.</p> <p>2. Fraudulent Conveyance of Beal Estate: mortgage : homestead. Where one makes a conveyance of real estate without consideration, and presumably in fraud of creditors, and under agreement for a reconveyance thereof when requested, he retains no such interest therein, as, upon his subsequent marriage, and occupancy of the premises with his family, will enable the wife to acquire a homestead interest in said property as against said grantor’s individual conveyance thereof in pursuance of a power of attorney from the grantee under said fraudulent conveyance.</p>

— Hon. II. C. Hehby, Judge. This is an action of replevin to recover tbe possession of two accepted drafts. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendants appeal.

— How. O. H. Lewis, Judge. ActxoN in attachment wherein the First National Bank of Rock Rapids wás served with garnishment process, upon the claim that it held property of defendants, or was their debtor. A judgment was rendered against the garnishee after answer denying indebtedness, and a trial upon issues founded thereon. The garnishee appeals.

— Hon. Charles A. Bishop, Judge. Action to recover fees due to plaintiff for services rendered as sheriff of said county. Plaintiff’s claim is admitted, but defendant asks to be allowed as a counterclaim certain other fees paid to plaintiff to which he was not entitled under the law. The case was submitted to the court upon an agreed statement of facts, and judgment rendered in favor of the plaintiff. Defendant appeals, assigning the rendering of the judgment as error.

— Hon. C. H. Lewis, Judge. Action to recover damages caused by a fire alleged to have been set out by defendant in operating its railway. Held: as a matter of law, that the proximate cause of the suicide or death of the intestate was insanity, and that it was not due to the negligence of the company, whereby he suffered an injury eight months before.” The case of Seale v. Railway Go., 65 Texas, 274; s. c., 57 Am. Rep. 602, is directly in point with the one on trial.

— HoN. J. L. Stevehs, Judge. This action was commenced on tlie tenth day of December, 1887. The plaintiff claimed to be the owner of a farm which is in the possession of the defendants, and the prayer of the petition was that the title be quieted in the plaintiff. The defendants answered claiming that Harriet E. Clow was the owner of the land.

— Host. George W. Wakefield, Judge. Action for divorce and alimony. There was a decree for the plaintiff, from which the defendant, appeals.

— Hon. Marcus Kavanagh, Judge. Action to recover damages for tlie alleged negligence of the defendant’s employes in backing a train of cars, propelled by an engine, against the plaintiff’s wagon and horses at a street crossing, whereby they and the plaintiff were injured. The case was tried to a jury, and a verdict returned in favor of the plaintiff for twenty-one hundred and seventy-five dollars.

<p>Appeal from Woodbury District Court,— Hour. George W. Wakefield, Judge.</p> <p>Oisr the eighth day of July, 1886, the plaintiff purchased of the defendant one hundred and forty-two head of cattle, and gave therefor his two notes for twenty-nine hundred and nineteen dollars and sixty-five cents each, due respectively, February 8 and July 8, 1887; and on the ninth of December he executed to the •defendant a mortgage on said cattle to secure the payment of said notes. On the eighth of December, 1886, the plaintiff made to the defendant his note for twelve hundred dollars, and, on the day following, the plaintiff made two other chattel mortgages to secure the twelve-hundred-dollar note, one being on one hundred and seventy-five tons of hay in Monona county, and the other on certain stock, farm machinery, etc., in Woodbury county ; and on the fourteenth day of December, 1886, he made another mortgage on certain horses, the same being junior to a mortgage to Chapin Bros. These mortgages were known in the record as follows : That on the cattle as “Exhibit A;” those on the liay and on the corn, stock, etc., in Woodbury county as “ Exhibit B and that on the horses as “ Exhibit C.” Exhibits B and C, besides securing the twelve-hundred-dollar note by their terms, are additional security for the two notes given for the cattle. The consideration of the twelve-hundred-dollar note is somewhat in dispute, but it is undisputed that a part of the consideration therefor was an agreement by the defendant to furnish corn and feed for the cattle before mentioned. No part of the consideration for the twelve-hundred-dollar note having been paid, it was, by agreement, on the twentieth of December, 1886, surrendered to plaintiff. Each of the mortgages contained the usual clause that,, “whenever the mortgagee shall deem himself unsafe, then, and in that case, it shall be lawful for such mortgagee * * * to take immediate possession of said cattle, * * * and to sell the same at public auction, ’5 etc. Under the provisions of the mortgage, and on the fifth day of January, 1887, the defendant firm took possession of the cattle, and on the twenty-fifth of January, 1887, sold them at public auction for five thousand and forty-one dollars, and after deducting four hundred and sixty-four dollars as the costs of sale, feeding, etc., indorsed the balance, forty-five hundred and fifty-seven dollars, on the notes given for the cattle, leaving a balance of said notes still unpaid. Thereafter, on the seventh of March, 1887, by virtue of' Exhibits B and C, the defendant took possession of a part of the property described therein, and sold the same at public auction, and realized therefrom, exclusive of expenses, four hundred and two dollars and four cents, which was applied on the notes.</p> <p>The plaintiff avers that, when the note for twelve hundred dollars was given, it was verbally agreed that defendant should furnish corn for plaintiff in such quantities as he should need to feed the cattle till May or June, 1887, for the market price at the time of delivery,, and also furnish a carload of hogs or more to run with the cattle at the market price thereof, which it failed to-do. Plaintiff also avers that, when Exhibit C was made,, the only consideration therefor was the agreement by the defendant to furnish the corn and hogs, and to extend the time of payment of the first note given for the-cattle, and that, when the twelve-hundred-dollar note-was tendered back by defendant and accepted, it was-with the understanding that the two mortgages given to-secure it should be canceled of record, which defendant failed to do.</p> <p>The plaintiff alleges that the seizure and sale of the-cattle before the maturity of either of the notes secured thereby, and of the property described in Exhibits B and C, after the surrender of the twelve-hundred-dollar note, was wrongful; and this action is to recover damages for such wrongful acts, and the conversion of the property. Barring the facts stated, the defendant puts in issue the allegations of the plaintiff as to his right to recover. The district court found that the sale of cattle, January 25, and of other property, March 22, 1887, was premature and wrongful, and adjudged the plaintiff untitled to a credit on the notes for the market value of the cattle on the date of the sale, fixing the value at five thousand and forty-seven dollars and fifty-one cents, and also for the value of the property sold in Exhibit C of the date of such sale, fixing the value at five hundred dollars, and found a balance due on the notes for seven hundred and eight dollars and ninety-three cents, for which, on defendant’s counterclaim, it gave judgment. Prom such judgment the plaintiff appeals.</p>

— Hon. John- C. Siierwin-, Judge. ActioN in chancery to restrain the sale upon execution of lands of plaintiff. Upon a trial on the merits, the relief prayed for by plaintiff was granted. The defendants appeal.

— Hon. D. Ryah, J udge. Action to recover damages from á fire alleged to liave been wrongfully caused by defendant. There was a trial by jury, and a verdict and judgment for plaintiff. The defendant appeals.

.Appeal from, O'Brim District Court. — Hon. Soott M. Ladd, Judge. This is an action on an injunction bond. There was a demurrer to the petition, which was sustained, . and the plaintiff appeals.

— How. Geo. W. Wakefield, Judge. ActioN in equity to establish and enforce a •mechanic’s lien. There was a trial upon the merits, and .a decree in favor of plaintiffs. The defendant, S. T. .Davis, appeals.

— Hon. I). J. Lenehan, Judge. On the twenty-first day of April, 1888, Mathias Hoffman was appointed administrator of the estate of John Hoffman, deceased. On the sixteenth day of May, 1889, said administrator filed his final report. The defendants, claiming to be the heirs at law of John Hoffman, filed exceptions to said report. A trial was had by the court, and the exceptions were overruled, and the report confirmed. Defendants appeal.

— Hon. Chas. H. Phelps, Judge. Action, entitled as in equity, to recover an amount claimed to be due under a contract dissolving a partnership between plaintiff and defendant, and for certain items alleged to have been omitted from the settlement of said partnership, through fraud, accident or mistake. The defendant answered pleading a former adjudication as a bar to plaintiff’s action, and denying that anything was due to plaintiff under the contract.

— IIoN. J. M. Casey, Judge. Action- in equity to subject a sum of money due from the defendant railroad company to the payment of certain unsatisfied judgments held by appellants against the defendant, Jeoffrey Augustine. A decree was entered dismissing plaintiffs’ petition, from which they appeal.

— Hon. C. F. Couch, Judge. Actioh to recover damages for an alleged breach, of the covenant of a lease. A demurrer to the petition was sustained, and plaintiff appeals. Upon the former submission, the judgment of the district court was affirmed. A rehearing having been granted, the case was resubmitted.

— Hon. D. Ryan, Judge. , Action to recover for personal property of plaintiff, burned by fire set out by an engine operated upon defendant’s railroad. There was a judgment on a verdict for plaintiff. The defendant appeals.

— Hon. J. H. Henderson, Judge. ACTION to recover for personal injuries to plaintiff from a fall' from his liorse, caused by a defect in the floor of a county bridge, over which plaintiff was at the time riding. There was a judgment on a verdict for plaintiff. The defendant appeals.

— Hon. C. M. WATERMAN, Judge. Action for forcible entry and detention of real property. The plaintiff sold to the defendant the premises in controversy by contract, the deed to be executed when certain payments were made.

— Hon. Charles D. Leggett, Judge. Action upon a policy of insurance against loss by fire. Tbe petition alleges the issuing of tlie policy, the loss of the property by fire, the value thereof, and notice and proof of loss within sixty days. The policy .and copy of application attached is set out as an exhibit to the petition.

<p>Appeal from Butler District' Court. — Hon. John B.. Cleband, Judge.</p> <p>• Action of mandamus to compel the relocation of a schoolhouse. There was a trial by the court, and a judgment in favor of plaintiffs. The defendants appeal-</p>

— Hon. D. R. Hindman, Judge. Action to recover the possession of specific personal property. After the evidence was fully submitted a verdict for the defendant was returned by direction of the court, and a judgment rendered thereon. The plaintiff appeals.

— Hou. R. C. IIeNry, Judge. This is an action in equity by which the plaintiff seeks to enjoin the sale of certain real estate upon an execution… Held: that after chapter 23, Acts of 1884, took effect, “ any pensioner might make a gift of his pension money, and the donee might hold the same, or property purchased therewith, as against the donor’s creditors.” The majority opinion in Foster v. Byrne, 76 la. 295, is in conflict with that case ; for, if the exemption act is…

<p>Appeal from Des Moines District Court. — How. J. M. Casey, Judge.</p> <p>ActioN to recover for a quantity of rock used by the defendant in repairing one of its streets. The case was tried to a jury, and a general verdict in favor of the plaintiff, with certain special findings, returned. Plaintiff moved for judgment on the special findings for one hundred and thirty-four dollars, and the defendant for judgment against the plaintiff for costs, which motions, together with defendant’s motion for new trial, were overruled, and both parties appeal.</p>

— Hon. Charles D. Leggett, Judge. This is an action in equity to cancel and annul a certain written contract for tlie conveyance of real estate, upon the grounds that the same was obtained by fraud and without consideration. The answer denies each allegation of fraud and want of consideration, and asks specific performance of the contract. A decree was entered in favor of the plaintiff granting the relief prayed for in the petition. The defendant appeals.

— Hon. Scott M. Ladd, Judge. Aotiow to recover possession of four cows alleged to belong to and to be wrongfully detained from the plaintiff by the defendant, under a writ of attachment in his hands as sheriff against the property of Jacob Bierhaus. The petition alleges service of notice of ownership, refusal to deliver the property, and sets out the notice and affidavit of service as an exhibit.

<p>Highway: boundaries : estoppel. The plaintiff caused a highway to be located across lands owned by him, sold a lot on one side thereof, and afterwards built a fence along said road on the side of the land retained by him, and his grantee built a fence on his side. The space between these two fences was worked and traveled by the public for twenty-five years, and after twenty years the plaintiff rebuilt his fence on the same line. Held, that the boundaries of such highway had been established by the acts of the plaintiff, and of the public, and by lapse of time, and that plaintiff was estopped from claiming any portion of said road as his own.</p>

Actiok on two promissory notes. Defendants admit tbe execution and delivery of the notes, and plead by way of counterclaim that the consideration for the notes was a certain binder, which plaintiff warranted to the defendants, and that there was a breach thereof to their damage in the sum of one hundred and ninety dollars.

— Hon. A. W. Wilkinson, Judge. Upon a trial under an indictment for rape, the' defendant was found guilty, and from a judgment committing him to the penitentiary for a period of five years he appeals.

— Hon. L. O. Hatch, Judge. Appeal from an order allowing a claim filed witli the assignee of an insolvent, wlio bad made a general assignment for tbe benefit or creditors. A creditor cannot attack an assignment, seek to set it aside, or treat it as void, and also file bis claim under it, and ask to bave a dividend. Burrill on Assignment [ 5 Ed. ] secs. 479, 482, 507; Yernon v. Morton & Smith, 8 Dana (Ky.) 254.

<p>Appeal from Boone District Court. — How. S. M. Weaver, Judge.</p> <p>Mawdamus to compel defendants to make assessments for tke payment of a benefit certificate issued by the Grand Council of the Northwestern Legion of Honor to William L. Brown, payable, in case of death, to his father, the plaintiff. There was a judgment for •defendants. The plaintiff appeals.</p>

— How. L. O. Hatch, Judge. Action at law to recover for the breach of a contract, for the sale by plaintiff of lands owned by defendant, for which plaintiff was to receive compensation prescribed by the contract. There was a judgment on a verdict for plaintiff. The defendant appeals.

— ITon. N. W. Macy, J udge. This was an action in attachment to recover damages alleged to have been sustained through the negligence of the defendant in permitting a stallion to escape and run at large. The defendant filed a cross-petition, claiming damages upon the attachment bond. There was a trial by jury, and a verdict and judgment ■for the defendant for five dollars.

—How. J. H. IIendeeson, Judge. This is an action in equity for an accounting for certain promissory notes, and for judgment for the amount thereof. There was a trial on the merits, and a j udgment for the plaintiff. The defendant appeals.

<p>Appeal from Fremont District Court. — Hon. George Carson, Judge.</p> <p>Action on two promissory notes. Defense of payment. There was a verdict and judgment for defendant, from which the plaintiff appeals.</p>

— How. G. W. Waiceeield, Judge. Action in equity for an accounting and settlement of an alleged partnership. The answer was a general denial. A decree was entered in favor of the plaintiff, from which the defendant appeals.

— Hon. L. O. Hatch, Judge. Action to recover damages for personal injuries alleged to have been wrongfully caused by defendant. After tbe evidence for plaintiff bad been submitted, the court sustained a motion to instruct the jury to return a verdict for defendant. A verdict was accordingly returned, and judgment rendered in favor of defendant. The plaintiff appeals.

— Hon. C. H. Lewis, Judge. This action involves the title to a tract of land in Monona county. The plaintiff claims to be the owner of the property by virtue of a homestead entry made on the fifteenth day of .November, 1887.

<p>1. Boundaries: proceedings to establish : commissioner’s report : appeal. A proceeding to establish a disputed corner and boundary line under Laws, 1874, chapter 8, is a special proceeding wherein the commissioner’s report has the force of the verdict of a jury, and is reviewable on appeal only on errors assigned.</p> <p>2. -:-: evidence. Where, in such proceeding, the dispute is, as to which of two points is the established corner, and one point is where such corners are usually established, and is such as to give to each owner the quantity of land purchased, and the other is remote, and gives to some more and to others less than the quantity of land purchased, the former is to beregarded as the true corner, rather than the latter ; and, following this rule, held, that the commissioner’s report in this case is supported by a preponderance of the evidence.</p> <p>3. -: -: -: PRACTICE. Upon the filing of the commissioner’s report herein with the district court, the plaintiff filed objections thereto and moved that judgment be rendered, fixing the corner at a point different from that found by the commissioner. This motion was sustained, and the court rendered judgment accordingly, dividing the costs equally between the parties joining in the contention. Held, that this action of the court, exceptas to’costs, was erroneous; that the commissioner’s report should have been approved, modified or amended, and judgment rendered accordingly, or the same rejected, and the report re-referred to the commissioner for correction, or the commission set aside, and a new commissioner appointed.</p>

— IIon. S. M. Weaver, Judge. This is an action at law, founded upon a judgment rendered against the defendant in tlie district court in and for Yankton county, Second Judicial District of Dakota territory. There was a trial by the court, and a judgment for plaintiffs. The defendant appeals.

— Host. L. E. Fellows, Judge. Action to recover damages resulting from personal injuries received by plaintiff while an employe of defendant, and in the line of his duty, resulting from defendant’s negligence. There was a judgment on a verdict for plaintiff. The defendant appeals.

— Hon. H. E. Deemer, Judge. In December, 1879, John Beño and these defendants entered into a contract, whereby the former leased to the latter certain premises for the term commencing November 1, 1879, and ending November 1, 1886, at the agreed rental of one hundred and eight dollars and sixty-six cents per month.

— Hon. C. H. Lewis, Judge. Plaintiff claims title under different tax deeds to the south half of the southwest quarter of section 12, and the northwest quarter of section 13, township 97, range 39, O’Brien county, and asks to be quieted in his title thereto. Upon the hearing plaintiff’s petition was dismissed as to the first-described tract, and a decree entered in his favor as to the second.

— IIon. Lot Ti-iomas, Judge. Action of replevin. A demurrer to plaintiff’s petition was sustained, and, standing on his pleading, he appeals.

— How. J. L. Steveists, Judge. Osr the second of October, 1882, tbe plaintiffs exe-. cuted to defendant, A. J. Moats, a warranty deed for eighty acres of land in Wright county, for a consideration of twelve hundred dollars, which consideration has been paid except one note for two hundred dollars, on which the plaintiff brings this action, and asks the foreclosure of a mortgage given to secure it on the premises sold.

— Hon. Charles H. Phelps, Judge. This is an action in equity for an injunction to restrain the defendant O’Neill, who is sheriff of Potta-wattamie county, from selling, at sheriff’s sale, certain real estate and certain shares in a corporation, upon an execution issued upon a judgment rendered in Des Moines county district court, in an action in which one B. R. Westfall was plaintiff, and the Wabash, St. Louis & Pacific Railway Company was defendant. 'Said judgment is now…

— Hon. George Carson, Judge. Actioít in chancery by creditors’ bill. There was a decree granting the relief prayed for by plaintiff. The defendant and an intervenor appeal.

<p>1. Attorney and Client: agreements of attorneys : new trial. An attorney may bind his client by an agreement with opposing counsel for the continuance of a cause from term to term, but no evidence of such an agreement is competent as against a party denying the same, except the statement of his attorney, or the attorney’s written agreement duly signed and filed with the clerk of the court, oran entry thereof upon the records of the court. But where such agreement may be legitimately drawn from the statements of an affidavit of a former attorney for the party against whom the agreement is sought to be enforced, and it appears that a cause has been called to trial contrary to the terms thereof, and in the absence of the opposite party, and of his attorney, a new trial thereof may be properly granted upon the petition of the party injured.</p> <p>2. -:-:-: pleading. “Where an application for anew trial, made more than three days after judgment, is by motion, but the same contains an averment in which it is described as a petition, and contains statements and demands for relief which would be proper in a petition, it will be deemed sufficient, especially where objection thereto was not made in the court below.</p>

— Hon. J. H. Preston, Judge. Action to recover possession of certain' personal property. A jury being waived, the case was submitted to the court, and judgment entered in favor of defendants. The plaintiff appeals, assigning as errors the overruling of plaintiff’s and the sustaining of defendants’- objections to testimony, and the finding and judgment-in favor of the defendants.

— Hon. C. H. ' Lewis, Judge. Tiie plaintiff is the wife of John Estabrook. John Estabrook purchased of the defendant lumber, and with it erected a house on premises belonging to his wife. The defendant thereafter filed its claim for a mechanic's lien against John Estabrook, and obtained a judgment, and the establishment of its lien against the building, and the land on which it was situated. The plaintiff in this suit was not a party to that.

— Hon. George Carson, Judge. Action of mandamus to compel the payment of certain orders issued by township trustees. There was a trial by jury, and judgment for defendants. The plaintiff appeals. the trustees and clerk of Grove township. the trustees and clerk of Atlantic township.

— Hon. C. H. Lewis, Judge. The plaintiffs seek by tbis action to recover a balance claimed to be due upon a written contract by wliicb plaintiffs undertook to do certain grading on a branch of the Chicago, Milwaukee & St. Paul railroad. There was a trial by jury. After the evidence was introduced the court directed the jury to return a verdict for the defendant. The plaintiffs appeal.

— IIoN. C. IL Lewis, Judge. This action is based upon an agreed statement of facts. The subj ect-matter of the controversy is the proceeds of a certain draft or letter of credit which, the Exchange Bank of Dunlap collected for the plaintiff. After the collection the bank became insolvent, and made an assignment for the benefit of its creditors.

— Hon. H. E. Deemer, Judge. Action on a policy of insurance to recover for the loss sustained by plaintiff, by reason of the destruction by fire of the property insured. There was a judgment upon a verdict for plaintiff. The defendant appeals.

— How. W. F. Conrad, Judge. Action in equity to declare a certain mortgage-from plaintiff and her husband to the defendant null and void. Decree was entered dismissing plaintiff’s petition, from which she appeals.

— Hon. D. Ryan.. Judge. Action for personal injury. There was a judgment for plaintiff, from which the defendant appealed.

— Hon. C. M. Waterman, Judge. This is an action in equity by which it is sought to subject certain real estate to the payment of a judgment against Charles Thoeming, the husband of defendant. There was a trial upon the -merits, and a decree for the defendant. The plaintiff appeals.

— IIoN. A. Howat, Judge. PLAINTIFF, for cause of action against the defendant Jordan, alleges that on the second day of January, 1887, at the “Elkhorn saloon, kept by said Jordan, in the city of Lyons, said Jordan sold intoxicating liquors to the plaintiff’s husband, Michael H. Judge, contrary to law, thereby causing her husband to become intoxicated in consequence of which she has been injured in her means of support, and put to expense for medicines, and medical and…

— Hon. S. M_ Weaver, Judge. Proceeding by certiorari to test the validity of certain acts of the board of supervisors of Boone county. The facts are stated in the opinion.

— Hon. O. B. Ayeks, Judge. Action in equity to set aside a sheriff’s deed. Decree was entered dismissing plaintiffs’ petition. The plaintiffs appeal.

— How. David Ryan, Judge. , On January 24, 1889, appellant filed Ms claim, duly verified against the estate of J. E. Bailey, deceased, as follows: “ Tbe said Wm. Pickrell claims of said J. P. Hiatt, as administrator of said estate, the sum of seventy-five dollars as per the following statement: To one-third amount of judgment against J. E. Bailey, Wm.

— How. C. M. Watermaw, Judge. This is an action to recover the value of certain ^household goods, which it is alleged the plaintiff delivered to the defendant at Chicago, Illinois, for shipment to Atchison, Kansas. Recovery is sought upon the .ground that the defendant failed to transport the goods to their destination. There was a trial by jury, and a verdict and judgment for plaintiff. The defendant •appeals.

— How. L. O. Hatch, Judge. W. W. and P. D. Sprague are codefendants in. this case, but not appellants. Plaintiff is the administrator of tbe estate of H. Rush, deceased, and brings this action to foreclose a mortgage given by defendants Sprague to secure the purchase price of certain real estate, as to which arises a question as to priority of liens.

— Hon. G-eorge W. Wakefield, Judge. Action on account for lumber, aided by attachment. Defendant admits the indebtedness as claimed, but, by way of cross-action, alleges that the attachment was wrongfully sued out, and the issues arise on defendant’s counterclaim.

<p>1. Common Carriers: freight charges : rebates. The plaintiffs, who were shippers of cattle, were charged by the defendant from three to ten dollars per carload of cattle shipped over its road in excess of the charges made to other shippers for the same service and under the same conditions, the difference being allowed the favored shippers in the shape of a secret rebate, which fact was concealed from the plaintiffs. Held, that at common law a common carrier is entitled to a reasonable charge only for the service rendered; that its discriminations in favor of other shippers were evidence that the charges demanded of plaintiffs were unreasonable; and that the plaintiffs were entitled to recover the difference between the charges paid by them and the more favorable rates granted to other shippers.</p> <p>2. .-:-:-: voluntary payment. A payment of money in the belief that the demand is proper, and without the knowledge that it is wrongfully exacted, is not voluntary, and may be recovered back.</p> <p>3.-: -:-: -: limitation op actions. The plaintiffs having been kept in ignorance of their rights through the fraudulent concealment of the facts by the defendant, held, that the statute of limitations did not begin to run as to their cause of action until their discovery of the facts on which the action was based.</p> <p>4. District Court Hules: copies of pleadings : excessive fees. Rule number one of the district court rules does not require that a literal copy should be made of various pleadings in a cause which are precisely alike, except, possibly, a date, an amount, or the like ; and a charge under said rule of five hundred and eighty-two dollars for copies of such pleadings, the printing of which cost but thirty dollars for both originals and copies, held, should be reduced to fifteen dollars.</p>

<p> Appeal from Black Hawk District Court. </p>

— How. A. B. Thornell, Judge. This is an action for the foreclosure of two mortgages upon certain real estate. There was a decree for the plaintiff, and defendants appeal.

— Hon. H. E. Deeaieb, Judge. This action was brought in chancery to foreclose a mortgage executed by the defendants upon lands which subsequently they conveyed to other parties, who assumed to pay the mortgage debt.

— Host. K. C. Heítry, Judge. The defendant was indicted, tried and convicted of the crime of incest; and, his motion for a new trial being ■overruled, judgment was pronounced against him, from which he appeals.

— Hon. A. B. Tiiornell, Judge. Action to recover the amount of a judgment against defendant and others alleged to have been paid by the assignor of plaintiff. There was a trial by the court, and a judgment in favor of plaintiff. The defendant appeals.

<p>i, Liquor Nuisance: evidence : instruction. In a prosecution for maintaining a nuisance by selling intoxicating liquors upon certain premises described in the indictment, it appeared that the defendant, upon receipt of money therefor, issued orders for such liquors at his blacksmith shop, which were inclosed, with the money received, in an envelope, which being presented at a depot two blocks away the purchaser would receive the liquors called for by the order. Held, that, in view of the above evidence, an instruction to the jury, that if they found that the defendant “gave to any person any order by means of which he procured liquors of the character described in the indictment from the express office, or any other building, and that he received the money for such liquors at his blacksmith shop, substantially as charged in the indictment, this will be evidence that you may consider in determining, whether or not the defendant is guilty,” was not erroneous.</p> <p>■2. -: -: -. An instruction in such case, that it is “ unlawful to give away any intoxicating liquor to be used as a beverage,” is erroneous.</p>

—I-Ion. N. C.. Henry, Judge. The defendant was tried and convicted upon an. indictment for the crime of embezzlement, and lie-appeals.

— Hon. W. P. Brannan, Judge. Defendant was indicted for tbe crime of nuisance, -committed by using certain premises for tbe purpose of selling therein, and by selling therein, intoxicating liquors in violation of law. He was tried, found guilty, and adjudged to pay a tine of three hundred dollars and an attorney’s fee of twenty-five dollars and costs.

— Hon. S. M. Weaver, Judge. Indictment for wilful trespass on land of another.

— Hon. D. Ryan, Judge. The defendant was indicted for assault with intent to commit murder. There was a verdict for an assault with intent to commit manslaughter, and, from a judgment thereon, the defendant appealed.

— Hon. C. D. Leggett, Judge. The defendant was accused of, and tried for, the crime of murder in the first degree, and convicted of murder in the second degree. He was adjudged to be imprisoned in the penitentiary at Fort Madison, at hard labor, for the term of ten years, and from that judgment he appeals.

— Hon. A. W. Wilkinson, Judge. The defendant was indicted for the crime of murder in the second degree. He was tried and convicted of manslaughter, and sentenced to imprisonment in the penitentiary for the term of three years, and he appeals.

— Hon. James D. Griffin, Judge. Action in chancery to annul and set aside a deed for land made by plaintiff to defendant. There was a decree granting the relief prayed for by plaintiff. The defendant appeals.

— Horr. C. H. Lewis, Judge. This is an action in equity. The plaintiff claims to be the owner of the southwest quarter of the northeast quarter of section number 34, in township 95 north, of range 47 west, and asks to have set aside a tax deed therefor, and to be permitted to redeem from tax sale. The defendant also claims to' be the owner of the land described, and asks that the title thereto be quieted in him.

— How. R. C. Heítky, Judge. , The defendant was convicted before a justice of the peace, upon an information charging that in Decatur county, Iowa, on or about April 18,1889, he unlawfully sold intoxicating liquors to one, Creed Bobbett, and that, in said county, on or about December 26,1888, he unlawfully sold intoxicating liquors ,to Henry Otten.

2.-:-:-. The right of the vendee to recover in such case is not dependent upon the return of, or an offer to return, the horse, upon the discovery of a breach of the warranty.… Held: not material, as such finding went simply to show the vendor’s knowledge that the warranty was false at the time of the sale, and such knowledge was not essential to the vendee’s right to recover damages, as above stated. Appeal from Carroll District Court. — How. J.. EL Macomber, Judge.

— Hon. C. F. Looebourow, Judge. The defendant was convicted upon an information before a justice of the peace for unlawfully selling adulterated lard. An appeal was taken to the district court, where he was again found guilty of the charge, and he appeals to this court.

— Hoh. James EL Macombee, Judge. ' This is an action to foreclose a mortgage. There was a decree granting the relief prayed for in plaintiff’s petition. The defendants, who are senior mortgagees, appeal.

— Hon. D. R. Hindman, Judge. Actiow in equity to enjoin the defendants from cutting and removing ice from the Iowa river. There was a decree dissolving the temporary injunction and dismissing plaintiff’s bill. The plaintiff appeals.

<p>Ownership of Land: adveb.se claimants : laches : estoppel. The plaintiff received a conveyance of uncultivated prairie land in the year'lSST, in part payment of an antecedent indebtedness. Prior to the execution of such conveyance, the plaintiff’s grantor had mortgaged the same property to one C., but this mortgage was not recorded until after the date of the deed to plaintiff; there was evidence tending to show, however, that plaintiff had actual knowledge of the mortgage before the acceptance of his deed. In 1862 the mortgage to 0. was foreclosed, the property sold thereunder, and sheriff’s deeds were subsequently issued. The plaintiff, however, was not made a party to the foreclosure proceeding. In the year 1868, the purchaser at the foreclosure sale conveyed the property to one M., and he or his heirs paid the taxes on the land for all subsequent years, up to the commencement of this suit, and a part of the land had been broken by themselves or their tenants. All the parties interested were nonresidents, but the plaintiff knew during this time that the taxes were so paid, that M. or his heirs claimed to be owners of the land, and that the same was being improved. In 1864, the plaintiff commenced an action to quiet his title to the land, as against his grantor and C. and M., all of whom appeared and answered, but the plaintiff dismissed tbe action without a trial on the merits. Another action was commenced by him in 1870, asking to redeem from the mortgage foreclosure, which was dismissed for failure to file a cost bond ; and still another action commenced in 1887, against a tenant of M.’s heirs, to recover possession of the land, was dismissed for the same reason. In this action the plaintiff claims that the indebtedness secured by the mortgage to C. is barred by the statute of limitations, offers to pay all taxes that have been paid by M. or his heirs, and demands an accounting, and judgment for the amount in which the rents exceed the taxes. Held, that the plaintiff’s conduct estopped him from claiming title to the property adverse to the heirs of M.</p>

— Hon. John C. Sherwin, Judge. Action to recover for the wrongful taking and conversion of a stock of merchandise belonging to plaintiff, under writs of attachment in the hands of defendant, as sheriff, against the property of F. T. Fisher.

---Hon. J. P. Conner, Judge. Action for tlie possession of real estate, and damages for wrongful detention. The answer admits that the plaintiff is the holder of the legal title, and states an equitable affirmative defense, and a denial of the allegations of the petition not admitted. The ony allegation of the petition put in issue by the answer is that of damages for wrongful detention.

— How. W. F. CONKAD, Judge. Action for an accounting, to compel defendant to issue a certificate for stock, and to recover a balance alleged to be due. ■ There was a trial by the court, and a judgment in favor of defendant for costs. The plaintiff appeals.

— Hon. W. F. Conrad, Judge. The plaintiff brings this action in chancery to foreclose a mortgage executed by defendant, Marsh. Ewing,- Jewett and Chandler were made defendants, and answered that they did hold a mechanic’s lien against the property covered by the mortgage, which they had transferred to their successors in business, Ewing and Jewett. The mortgagors failed to answer, and default was rendered against them.

— How. EL E.. Deemer, Judge. , This is a suit in equity to quiet the plaintiff's-alleged title to a farm of eighty acres in Audubon county. The defendant, by his answer, denied the-plaintiff’s title, and claimed to be the owner of the1 land, and prays that his title be quieted as against plaintiff. He also seeks to recover the rents and profits-of the land.

— Hon. H. E. Deemer, Judge. Action to enjoin the sale of real estate on execution. There was a decree for defendants, from which the plaintiff appeals.

— How. Dell. Stuart, Judge. Actiow upon an account ior goods sold and deliv* ered. There was a trial by jury, and a verdict and judgment for the plaintiffs. The defendant appeals.

— HoN. James D. Giffen, Judge. C. G. and L. G. Swafford were partners and composed the firm known as Swafford Bros. Prior to March 17, 1888, they owned two hundred and sixty-five acres of land, which is a subject of controversy in this case. On that day they conveyed the land by warranty deed to defendant, L. B. Strang, who is, and was then, father-in-law to L. G. Swafford.

Appeal'- from Davis District Court. — How. Dell Stuaet, Judge. James E. Russell, executor of John H. Rawlings, deceased, filed his petition asking for an order of sale of the lands of the testator in order to realize funds out of which to pay his indebtedness.

The plaintiff is the assignee in bankruptcy of ■Simeon and Frank Folsom, and holds his appointment from the United States district court, for the eastern district of Michigan, the assignee being a resident of the district in which he is appointed. Lot number 404, on Broadway, in the city of Council Bluffs, in the county of Pottawattamie, is a part of the bankrupt estate, and the title thereof is in the plaintiff, as assignee.

— Hon. Geokge W. Wakefield, Judge. Aotioh to quiet the title to lands. There was a decree granting the relief prayed for in plaintiff’s petition, from which defendants appeal.

— How. A. B. Thornell, Judge. ACTION commenced March 15, 1889, to recover upon two promissory notes for fifteen hundred dollars each, dated March 20, 3875, one due in two, and the other in three, years after date. By an amendment plaintiff alleged that on March 28, 1886, the defendant wrote, signed and mailed to plaintiff a letter concerning said notes, which was received by plaintiff, and is as follows : “It is some time since I wrote; thought I would write you a few lines.

— Hon. J. M. Casey, Judge. Action at law for the recovery of real property. There was a trial by the court, and a judgment in favor of defendant. The plaintiff appeals.

— Hon. Marcus Kavanagh, Jr., Judge. Action upon a policy of insurance. There was a judgment upon a verdict for plain Lili from wnioii tl:o defendant appeals.

— Hon. Jno. W. IIaryey, Judge. This is an action in equity to restrain the defendant, who is treasurer of Union county, from proceeding to collect certain taxes by the sale of real estate, claimed to… Held: that personal taxes cannot displace a prior trust deed. The same doctrine is held in Pennsylvania, Gormley’s Appeal, 27 Penn. St. 49; and in New Jersey, Maclcnet v. The City of Newarlc, 42 N. J. Law Eep. 38.

Appeal: record: abstract. Appeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. The defendant was indicted and convicted for the crime of seduc tion, and appeals to this court.

Appeal: record. Appeal from Polk District Court. — Hon. Chaeles H. Bishop, Judge. The defendant was indicted, tried, convicted and sentenced for the crime of keeping a house of ill-fame, and she appeals.

Conveyance of Real Estate: mortgage : payment : evidence. Appeal from, Keokule District Court. — Hon. W. R. Lewis, Judge. Action to foreclose a mortgage. Upon a trial on the merits, the plaintiff’s petition was dismissed. He now appeals to this court,

Appeal: error without prejudice : evidence. Appeal from Grundy District Court. — Hon. O. F. Couch, Judge. This is a proceeding in the district court, sitting as a court of probate, for the allowance of a claim against defendant’s intestate. The case was tried to a jury, and judgment on the verdict was rendered for plaintiff. The defendant appeals.

Pension Money: property purchased therewith exempt from EXECUTION. Appeal from, Floyd District Court. — Hon. George W. Ruddick, Judge. This is an action in equity to set aside a sheriff’s sale of certain real estate and cancel the certificate of purchase upon the ground that the property was purchased with money-received by the plaintiff as a pension for services as a soldier in the war of the rebellion.

Homestead: practice in supreme court : argument- Appeal from Louisa District Court. — Hon. D. Ryan, Judge. William B. and Nancy P. Torbet are brother and sister, and are defendants in this suit. William B. Torbet was the owner of two pieces of land, one containing eight and one-half acres and the other six and one-half acres. ■ While owning said lands, William B. Terbet became indebted to the plaintiffs, who are now judgment creditors of said Torbet.

Partnership: accounting : evidence. Atweal from, Dickinson District Court. — Hon. George H. Carr, Judge. Action in equity for an accounting and settlement of an alleged partnership in the distillery business which plaintiff claims existed between him and Angevine Bull. The claim of defendants is that Angevine Bull was not at any time a partner of the plaintiff, and that nothing is due to the plaintiff on account of said distillery business, nor on any other account.

Certiorari: injunction : jurisdiction. Certiorari to Polk District Court. The plaintiff was under injunction from the district court of Polk county to refrain from selling or keeping for sale intoxicating liquors. An information was filed accusing him of violating the injunction; and upon the hearing he was adjudged in contempt, and ordered to pay a fine of five hundred dollars, and to stand committed to the jail of Polk county until such fine was paid, as by law provided.

'Boundary Lines s adverse possession : appointment op commissioner,. Appeal from Howard District Court. — Hon. S. E. Fellows, Judge. This is a proceeding under chapter 8 of the Acts of the Fifteenth General Assembly to establish disputed lines and corners of certain lands. The plaintiff made application for the appointment of a commission to make a survey, and establish the disputed boundaries. The defendant resisted the appointment of ■ the commission.

<p>Appeal: certificate of trial judge.</p> <p>Appeal from Oseeola District Court. — Hon. C. H. Lewis, Judge.</p>

<p>Nuisance: judgment : appeal.</p> <p>Appeal from Polk District Court. — Hon. W. F. Conrad, Judge.</p>

<p>Appeal in Criminal Cases: practice.</p> <p>Appeal from Polk District Court. — Hon. W. F. Conrad, Judge.</p>

<p>Appeal: notice : practice.</p> <p>Appeal from Polh District Court. — Hon. W. F. Conrad, Judge.</p>

<p>Appeal: transcript: review.</p> <p> Appeal from Pollc District Court. </p>