Volume 82 — Iowa Reports

— IIoN. J. P. CONNER, Judge. This is an action in equity, commenced to restrain the enforcement of a mortgage owned by defendant, Peter Punk, and judgments owned by defendant, H. J. Griswold, against land conveyed to plaintiff by the grantee of the mortgage and judgment debtors. The defendants named demurred to the petition. The demurrers were overruled, and, the defendant Punk electing to stand upon his demurrer, judgment was rendered in favor of plaintiff, and Punk appeals.

Appeal fro' Lyon District Court. — IIon. George W. Wakeeield, Judge. This is an action of mandamus, by wbicli it is sought to compel .the defendants to levy taxes to pay a certain judgment which the plaintiff recovered against the defendant, the independent school district of Rock. Rapids.

— Hon. L. O., . Hatch, Judge. Action in equity by tbe district township of Center- and N. Pliean, E. Barthold and F. Smidt, owners of sections 1 and 2 and the north half of the northwest quarter of section 12, township 98, range 4, in the civil township of Center, asking a decree declaring said lands to be a part of the plaintiff district township for school purposes, and that defendant be enjoined from exercising any jurisdiction over said lands, and from receiving…

— Hon. George H. Carr, Judge. Aotiow in equity to determine the right of defendants -to set, maintain and nse a weighing scale in Main street of the plaintiff town, and to restrain them from so doing. The case is again submitted under a stipulation that defendants waive the right of urging that plaintiff has a remedy at law. A decree was entered dismissing plain-tiff’s petition, from which plaintiff appeals.

— Hon. D. Utah, Judge. Action to recover an amount alleged to be due for services rendered. There was a trial by the court, and a judgment for plaintiff for the amount claimed by Mm, with interest. The defendant appeals.

— Hon. ' Charles II. Phelps, Judge. ' Action in chancery to annul and set aside a deed on the ground that it was obtained by undue influence, while the grantor was in an enfeebled condition of mind and body. A decree was entered for plaintiff, after a trial upon the merits. The defendant appeals.

— Host. Charles A. Bishop, Judge. The plaintiffs are creditors oí a mercantile partnership named “Gras Smith & Co.” The said partnership made an assignment of the partnership property to the appellant for the benefit of creditors.

— Hon. D F. Lenehan, Judge. Action in replevin to recover certain shelving, counters and other property used in connection with a grocery. There was a verdict and judgment for defendants. The plaintiff appeals.

- — Hon. j. D.. G-iffen, Judge. Action iu equity to set aside and cancel the record of an alleged judgment. There was a trial upon the merits, and a judgment in favor of the defendant. The plaintiff appeals.

— I-Ion. Charles M. Phelps and How. J. M. Casey, J udgcs. Aotioh on a promissory note, aided by attachment. The defendants pleaded payment. There was a petition of intervention, in which the intervenors claimed title to the property attached. On the issue of payment between plaintiff and defendants there was a verdict and judgment for defendants, and an order discharging the attached property. The iilaintiff appeals.

— I-Iow. J. H. Maoombee, Judge. This is an action at law to recover possession of thirty-six head oí steers. There was a trial to the court,, resulting in judgment for plaintiff. The defendant, app eals.

— How. J. M. Casey, Judge. This is an action to recover the possession of specific personal property. There was a trial by the court, which resulted in a judgment in favor of the defendant for the property and costs. The plaintiff appeals.

This is an action oí certiorari to test the legality of proceedings, wherein the plaintiff, a lessee of premises in question, was arrested and committed for contempt of court for the violation of an injunction against the use of said premises for the sale of intoxicating liquors; the plaintiff not being a party to the proceeding wherein said injunction issued.

— Hon. J. L. Stevkns, Judge. Aotioh upon a promissory note executed by the defendants to Springer and Williard, and assigned to the plaintiff.

— Hon. J. H. Hendebson, Judge. Tiie petition shows that John F. Meyer, in 1885, became a member of the Ancient Order of United Workmen and received a certificate therefrom, by the terms of which his beneficiaries, named therein, were to receive a certain amount at his death.

— Hon. N. W Mac y, Judge. The plaintiff claims to be the owner of the southwest quarter of section 28, and fifty-five acres of the southeast quarter of the same section, township 71, range 34, Cass county, Iowa, and brings this action to enjoin the sale thereof upon execution as the property of her husband, Josb.ua De Yore, upon a judgment against Mm in favor of tbe defendant Beymer. There was a decree dismissing tbe plaintiff’s petition, from wMcb sbe appeals.

— How. O. B. Ayebs, Judge. These proceedings were instituted by the executor of an estate for a final settlement, and for Ms discharge from further liability and responsibility. Exceptions were taken to the account and claim of the executor by two creditors of the estate.

— Hon. Geoeg-e Caeson, Judge. This is an action ior judgment on two notes, and for the foreclosure of a mortgage on certain lands, executed by defendant Dayton to A. K. Riley, of which, plaintiff alleges he is the owner. The appellant Byam, being made a defendant, as having some interest, answered, denying plaintiff’s ownership, and alleging that the notes were fully paid to Riley.

— Rots. Josiah - Gtven, Judge. Actiow to recover for services rendered, and for labor performed in prospecting for coal, and in sinking a coal shaft, and to recover damages for the alleged breach of an agreement to deliver certificates of the capital stock of a coal company. There was a trial by a jury, resulting in a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. H. C. Traverse, Judge. ActioN to quiet the title to real estate. There was a trial by the court, and a judgment rendered in favor of defendant. The plaintiff appeals.

— IIon. W. F.„ Cosbad, Judge. Action to quiet the title to lot 22, South Park addition to Des Moines, Iowa. The plaintiff claims to be the owner of said lot by patent title, and the defendant claims to own it under a tax sale thereof for the taxes of 1877, and a deed issued thereon. Each party denies the other’s titie. A decree was entered for the-plaintiff, from which the defendant appeals.-

— Hon. E. C. Henry, Judge. Action in equity to restrain an execution sale, and to cancel the judgment on which, the execution was issued. There was a trial upon the merits, and a decree in favor of plaintiff. The defendants appeal.

— Hon. S. M. Weaves, Judge. On' the fifth, day of September, 1887, the plaintiff obtained judgment against the defendant, John C. Bulfor, in the district court of Marshall county, Iowa, in the sum of four hundred and seventy-three dollars and ninety-three cents, on transcripts of judgments formerly obtained-in the state of Nebraska; the origin of tie indebtedness being goods sold by the plaintiff in February and April, 1887.

<p>Appeal from Buchanan District Qdurt. — Hon. C. F. Couch, Judge.</p> <p>Action upon a promissory note, to which was set up the defense of usury. • There was a verdict and judgment for the defendant on the issue of usury, and judgment for the school fund of the county against the defendant for the statutory penalty. Both parties appeal.</p>

<p>Appeal from Des Moines District Court. — Hon. Charles H. Phelps, Judge.</p> <p>Action on a certificate oí membership issued by defendant to Bichard Hobbs for the benefit of the plaintiff. A jury was impaneled to- try the cause, and after the evidence was submitted, by direction of the court, it returned a verdict for the plaintiff for the sum of one thousand and nineteen dollars and sixty-seven cents. A motion for a new trial filed by the defendant was overruled, and judgment was entered in favor of the plaintiff for the amount of the verdict and costs. The defendant appeals.</p>

— Hoy. Charles L>. Legg-ett, Judge. This is a proceeding in probate by wMcb tlie plaintiff seeks to establish a claim against the estate of Thomas Madden, deceased. The claim was in the form of a promissory note. The note was signed by one Alcorn, as principal, and by said Thomas Madden and one D. W. Fergnson, as sureties. The defense to the note was that said Madden and Fergnson had been expressly released from any obligation on the note by. -the plaintiff.

— How. D. R. Hindman, Judge. The following is a quotation from an agreed abstract of the record: “Plaintiff states be is a citizen of Boone county, Iowa, and, on bebalf and for tbe use of the school fund of said county, informs and complains that on August 29, 1888, the district court of Boone county, Iowa, granted defendant, George H. Welsh, a permit to buy, keep for sale and sell intoxicating liquors in Boone, Iowa, .as provided by law, and, in accordance with the order of…

— Hon. O. B. Ayees, Judge. Actiom to recover upon a contract. The defendant’s motion to strike parts of the petition, and demurrer to the remainder, having been sustained, judgment was entered against the plaintiff. The amount in controversy being less than one hundred dollars, the judge trying the cause certifies certain questions of law, on which it is desirable to have the opinion of this court, and upon this certificate plaintiff appeals.

— llos. D. Ryaw, Judge. This is a proceeding in probate by which it is sought to establish the liability of the estate of defendant’s testator on a lost written contract. From the action of the district court allowing the claim, the defendant appealed.

— Hon. J. W. Harvey, Judge. This is a suit in equity in relation to tbe title to a lot in tbe village of Smyrna, in Clarke county. There was a bearing on tbe merits, and a decree for tbe defend.ants. Tbe plaintiff appeals.

— How. R. CL I-Ienby, Judge. Cebtiobabi to Decatur district court .to -review the-legality of tlie action of that court in a proceeding-against this petitioner for contempt.

— Hon. C. H. Waterman, Judge. ACTION upon a policy of fire insurance. There was judgment upon a verdict for the plaintiff. The defendant appeals.

— Hon. H. C. Tbavebse, Judge. This is a proceeding for the discovery of property belonging to the estate of the decedent. Prom an order directing tlie administrator to bring an action in equity for the recovery of such property, the defendant appeals.

— Hon. H. E. Deemeb, Judge. Action to recover damages because of alleged negligence of the defendant’s agents and employes, causing the death, of plaintiff ’ s intestate without fault or negligence on the part of the deceased. The answer was a general denial. There was a trial' by jury, a return of special findings, and a general verdict for the plaintiff for eighty-eight hundred dollars.

— Hon. S. M. Weaver, Judge. Action to recover the reasonable valne of services rendered by the plaintiff as mayor in a criminal action. From a judgment in favor of the defendant, the plaintiff appeals.

— Hon. W. E. Lewis, Jndge. This is an action for a mandamus to compel the defendants to take action upon a proposition to change the boundaries of the plaintiff district by adding certain territory thereto. There was a demurrer to the answer, which was sustained, and the defendants appeal.

— -Hon. James D. Q-ifeeN, Judge. The claims of the respective parties are set forth in a petition, an answer thereto with three amendments, an amended and substituted answer with four amendments, a reply with five amendments, and an amended and substituted reply with four amendments, proved by three demurrers and three motions to strike, the whole covering over fifty pages of printed abstract.

— Hon. W. F. Bkannan, Judge. ACTION to recover damages lor a personal injury. There was a verdict and judgment for the plaintiff for four thousand dollars. The defendant appeals.

— Hon. J. H. Henderson, Judge. Edward Murray was unmarried and died testate on June 25, 1887, possessed of real and personal property. A provision of Ms will is in words as follows: “I give and bequeath to Ezra Murray, my fourth son, one-eighth of my estate.” Ezra Murray was a non-resident of this state and indebted to the defendant on a promissory note.

— Hon. J. K. Johnson, Judge. These are actions in chancery to restrain the sale and transfer of certain stock in the American Coal Company, a corporation existing under the laws of this state, and to settle the conflicting claims and title thereto of the respective parties. The cases were consolidated in the court below, and tried together, A decree was entered sustaining the title to the stock claimed by the Farmers & Traders’ National Bank. The defendant, E. Clark, appeals.

— Hon. Dell Stuart, Judge. Actiost to recover double the value of live stock alleged to have been killed by an engine of the defendant, by reason of the failure of the defendant to maintain a sufficient fence along its railway at a place where it had a right so to do. There was a trial and a judgment for the amount claimed. The defendant appeals.

— Hon. John W. Harvey, Judge. The plaintiff’s petition shows a written contract between the plaintiff and M. G. Barngrover, whereby an exchange of real estate was agreed upon ; the plaintiff giving a certain house and lot in Bedford, subject to a mortgage of one hundred dollars, which the defendant assumed for a certain one hundred and sixty acres of land, subject to a mortgage of eighteen hundred dollars, which the plaintiff assumed.

— Hon. H. C. Tea verse, Judge. Action for judgment on a promissory note executed by the defendant, and for the foreclosure of a mortgage on two tracts of land given to secure the same. The interveuor claims an interest in part of the lands as superior to the mortgage. The decree was entered for the plaintiff, from which the intervenor appeals.

Ayjpeal from Pottawattamie District Court. — I-Ion. N. W. Macy, Judge. This action was commenced on the twenty-eighth day of August, 1886. The plaintiff seeks to recover damages oí the defendant lor cansing the death of one Maine by shooting him with a revolver. The plaintiff, at the commencement of the suit, was administrator of the estate of Maine.

— Hon. C. M. Watebmah, Judge. This is an action in equity to restrain the collection of a tax voted by the electors of a district township for , the purpose of erecting a schoolhouse. After a hearing 'upon the merits the petition of the plaintiff was dismissed, and judgment was rendered in favor of the defendants for costs. The plaintiff appeals.

— Hon. C. M. Watermar, Judge. This is an action at law against B. W. Seaward, Jr., clerk of the district conrt of Jackson county, and against the county and its board of supervisors and treasurer, to recover judgment for certain attorneys’ fees which the plaintiff claims belong to him, and which it is alleged the said Seaward wrongf ully paid over to the treasurer on the order of said board.

— Hon. Joi-iN T. Stohemah, Judge. The plaintiff is a resident of the city of New York, and the defendant of Cedar ' Rapids, Iowa. On the ninth day of April, 1886, W. S. Rickard executed to the plaintiff a deed for fifty-eight and three-fourths acres of land, -situated near the city of Cedar Rapids, Iowa, and received as a consideration therefor the sum of thirteen thousand, four hundred and eighteen dollars and seventy-five cents.

— Hon. D. Ryan, Judge. On February 14, 1889, Elizabeth. Rea filed her claim against the estate of John Rea, claiming for money loaned January 1, 1881, fifteen hundred dollars, and for money loaned February 10, 1888, two thousand dollars, with interest at ten per cent, on said sums, amounting to five hundred dollars; also, February 1, 1889, to payment of C. Griebeling’s note, four hundred and seventy dollars, — making in all forty-four hundred and seventy dollars.

— Hon. J. H. Hehdersoh, Judge. Aotioh in equity to quiet tbe title to the northwest quarter oí section 33, township 81, range 32, west, fifth principal meridian, Guthrie county, Iowa. There was an answer claiming an undivided interest therein under a tax sale and certificate. A decree was entered for the plaintiff, from which the defendants appeal.

— How. J. L. Stevens, Judge. Tiie petition declares on an oral agreement to give the plaintiff permanent employment as a fireman on a switch engine, at Eagle Grove, at forty dollars a month, in consideration of the settlement of a claim field by tfie plaintiff for personal injuries while in the employment of the defendant. ’ There was a judgment upon a verdict for the plaintiff, from which the defendant appeals.

— Hon. J. K. Johnson, Judge. The plaintiff brings this action as assignee of a claim from T. Gr. Klepper, Jr., for damages sustained by Klepper because of personal injuries received while in the employ of the defendant, alleged to have been caused by the negligence of the defendant, and without fault or negligence on the part of said Klepper.

— How. S. EL Fairall, Judge. Actiow in equity to set aside a conveyance of real estate and the order of court by virtue of which, it is made. . A demurrer to the petition was sustained, and, tile plaintiffs refusing to further plead, judgment was rendered in favor' of the defendants for costs. The plaintiffs appeal.

. Appeal from Clinton District Court. — Hoet. A. Ho watt, Judge. Tins is an action in equity by the plaintiff to establish and enforce a subcontractor’s lien upon certain real estate'and building. There were cross-petitions filed by other alleged subcontractors, and by D. H. Scott, the-principal contractor. The structure against which the liens were claimed was two spires which said Scott contracted to erect upon a church building.

— Hon. J. P. Corker, Judge. Charles Wilhelm died intestate on the ninth day of October, 1877, seized of the following real estate: The north half of the northeast quarter, section 7, township 87, north, in said county, — and left surviving him his widow, Samantha E. Wilhelm, and one daughter, the plaintiff, the latter being then eight years of age.

<p>Appeal from Marshall District Court. — I-Ion. D. Ii. Hindman, Judge. •</p> <p>Action in equity to recover the amount due on a mortgage bond, and to foreclose tlie mortgage. There was a trial by the court, and a decree in favor of the plaintiff, as prayed. The defendants, A. E. Shorthill and wife, appeal.</p>

— IIon. S. M. • Weaves, Judge. Action to recover for the negligence of defendant in causing the death of the plaintiff’s intestate while in tlm employment of the defendant in a glucose factory. After the introduction of the evidence the district court directed a verdict for the defendant on the ground that the undisputed evidence failed to support the plaintiffs’ cause of action, and entered a judgment accordingly. The plaintiffs appeal.

— IJou. G. M. Gilchrist, Judge. Action under section 1068 oí the Code, to charge the defendant with a judgment due to the plaintiffs from the Tama Furniture Company, upon the ground that the defendant, with others, organized said company as a corporation; that in doing so they failed to comply substantially with the requirements of the Code in relation to organization and publicity in certain respects stated; that the company has no property; and that the defendant is still…

— IIon. S. M. Weaver, Judge. Action upou an order executed by tke defendants, ■ wko were trustees of Milford township, in Story county, and directed to the clerk of said township for payment out of the general township fund. A demurrer to the petition was sustained, and a judgment rendered for the defendants for costs. The plaintiff appeals.

— Hon. C. F. Coitch, Judge. Action to recover one hundred and. twenty-three dollars for boarding, schooling and clothing furnished to the minor son of the plaintiff and defendant. The answer averred that the expense was incurred by the plaintiff voluntarily, and without request' or agreement1 on the part of the defendant to pay therefor. The case | was submitted to the court, and a judgment was rendered in favor of the defendant, from which the plaintiff' appeals.

— Hon. S. M. Weaver, Judge. Action, to recover two hundred and three dollars and sixty cents on a stated or settled account against the defendant, Albert E. Clark, and to establish a mechanic’s lien against all of the defendants. The district court entered judgment against the defendant Clark for the amount claimed, but denied the mechanic’s lien, and from its judgment both the plaintiff and the defendant Clark appeal.

— Hon. S. M. Weaver, Judge. Action to recover an amount alleged to be due on a certificate of insurance, issued by the defendant on the application of one Charles Schmidt. The defendant denies liability, pleads payment to the person entitled thereto, and, in a counterclaim, alleges an attempted change of beneficiary by Schmidt, and demands equitable relief.

— How. Joiiw L. Stevehs, Judge. This is an appeal by the defendant Woolley from an order appointing- a receiver to take possession of certain real estate.

\ Appeal from Johnson District Court. — IIoN. S. H. Faikall, Judge. This is an action in chancery to restrain and enjoin! the defendants, acting as railroad commissioners of ( the state, from establishing and promulgating' '] oint rates of charges for the transportation of freight and cars over the plaintiíf’s railroad and other connecting lines.

— -Hon. J. K„ Johnson, Judge.1 ■ Sinker, Davis & Co. was a corporation organized under the laws of the state of Indiana. As such it contracted with the defendant firm to furnish certain machinery for a flouring mill at Oskaloosa, in this state, and put the same in' operation.

igM District Court. — IIon. J. L. Stevens, Judge. Action in equity to recover an amount alleged to be due lor sinking and completing a well, and to foreclose a mechanic’s lien therefor. A motion to strike ■out certain portions of the petition was overruled. A ■ demurrer to the petition was then overruled. The defendant refusing to further plead, a decree was rendered in favor of the plaintiff as prayed. The defendant ^appeals.

— IloN. H. C. Tbavebse, Judge. James Beatty is a defendant in this suit. October 8, 1889, Beatty executed to J. II. Merrill & Co. and J. A. Philipps a chattel mortgage on a stock of goods to secure tbe sum of six hundred and thirteen ' dollars and eighty-eight cents, and on the following day the mortgagees took possession of the same, and the store in which the goods were kept.

— IIow. S. M. We ayer, Judge. Tnis is a proceeding by certiorari, by which, the plaintiffs seek to set aside an order of the board of supervisors of Webster county, establishing a road over lands of the plaintiffs. The district court held and adjudged, in effect, that the board had exceeded its jurisdiction, and set aside and annulled its proceedings and order. The defendants appeal.

— lion. 0. P. • Couch, Judge. Ti-ie plaintiff was the mother of Ira Christie, who; died on the seventh day of September, 1886, in California.

— Host. D. J. Lenehah, Judge. This is an appeal from an order in probate by which, the clerk of the district court was required to enter of record a certain paper ..purporting to be an election by the widow to take under, and abide by, the provisions made for her in the last will and testament of Samuel M. Slauson, deceased. Laura Slauson, the widow, appeals.

— Hon. J. K. Joi-msoN, Judge. The petition is entitled as above, and alleges tbat the “defendant is a corporation, incorporated under the laws of Iowa; that on or about December 20, 1886, at a point on a line of defendant’s railroad, * '* * a train of cars belonging to said defendant, Central Iowa Bail-way Company, while being run and operated by the employes of said defendant, was run against one black mare, about nine years old, the property of plaintiff, thereby injuring…

- — IIoN. D. E. Hindmah, Judge. This is an. action in equity to restrain the foreclosure of certain chattel mortgages. The material facts-are stated in the opinion. The plaintiff and certain of the defendants appeal.

— Hon. Marcus „ Kavanaugii, Judge. 'Action under section 6, chapter 128, Laws of the Sixteenth General Assembly, and section 7, chapter 159, Laws of the Twentieth General Assembly. The defendant’s demurrer to the petition being sustained, and the plaintiff electing to stand upon his petition, 'judgment was entered dismissing the same, and the plaintiff appeals.

— Hon. S. H. Fairall, Judge. The defendant was indicted and tried for the crime of seduction; The jury returned a verdict of not guilty, and he was discharged. The state appeals.

— Hon. N. W. Macy, Judge. The defendant was indicted and convicted of the crime of maintaining a nuisance by keeping a building for the sale of intoxicating liquors. He now appeals to this court.

— Hon. Lot Thomas, Judge. j This is an action in equity' to enjoin tbe defendant from maintaining a nuisance by keeping intoxicating liquors for sale contrary to law. Notice was given of tbe application for an injunction, and a bearing was bad, and a temporary injunction was granted. Tbe defendant appeals.

— Hon. I). R. Hindjían, Judge. Action upon tlie covenants of warranty in a deed from the defendant to the plaintiff, alleging a breach thereof because of liens for unpaid taxes and an unsatisfied mortgage, and that the plaintiff had paid the same to his damage.

— Hon. S. M. ' Weaveb, Judge. AotioN. aided by attachment, against Tiffany Bros. The Citizens’ Bank, being garnished, answered that it held property of the defendants under a bill of sale to secure a debt due to the bank from the defendants. Issue was joined upon the answer, and J. A. Boyer intervened, claiming that the bill of sale also secured a debt due to him from the defendants.

— Hon. J. L. Stevens, Judge. Aotiow to determine the right to the possession of a certain drug stock, claimed by the plaintiffs under a chattel mortgage from J. C. Dwyer, and by the defendant, as sheriff, nnder a writ of attachment in favor of Olney & McDaid against said Dwyer. There was a verdict and judgment for the plaintiffs, from which the defendant appeals.

— I-IoN. L. O. Hatch, Judge. Actioh to recover an amount alleged to be due on two promissory notes. The defendant pleaded a counterclaim. A jury being waived, there was a trial by the court, and a judgment in favor of the plaintiff for forty-six dollars and forty-four cents, and costs of commencing suit, and in favor of the defendant for the remainder of the costs. The plaintiff appeals.

— lion. Q-. W. Huddick, Judge. Actiobt in chancery by a creditor’s bill to subject-certain lands, alleged to have been fraudulently conveyed by the defendant, David Beebe, to Ms son and codefendant, Benjamin Beebe, to a judgment against David Beebe. There was a decree granting the relief' prayed for by the plaintiffs. The defendants appeal..

— How. L. G. Kmsns, Judge. The defendant was tried and convicted for tlie crime of nuisance committed by polluting tlie water in tlie Iowa river in Tama county, and from a judgment imposing a fine this appeal was taken.

Appeals from Jones District Court. — How. James D. Gieein and Hon. J. II. Prestom, Judges Tiie defendants were separately indicted by the .grand jury of Jones county for keeping and maintaining nuisances by the unlawful sale of intoxicating liquors in the county of Dubuque, and within five hundred yards of the boundary line between J ones and Dubuque counties'. They were separately tried by the jury, and convicted, and they appeal.

— How. E. E. Ayles worth, Judge. This is an action upon a lease against a husband and wife to recover for rent due upon a lease executed by the husband alone, and to enforce a landlord’s lien against personal property of the wife used upon the premises. A demurrer to the answer of the wife was sustained. Electing to stand on her answer a judgment was rendered against her, from which she appeals.

— HoN, L. E. Fellows, Judge. Tiie plaintiff alleges that it is an incorporated company, organized under the laws oí the state oí Ohio ; that it is the assignee of a certain written contract between, the defendant and one Christ Iiedel,- upon which the defendant is indebted to the plaintiff in the sum of three hundred and fourteen dollars and eleven cents with interest.

— How. EL E. Deem.ee, Judge. This is an appeal by the administrator from an order removing him, and an order nunc pro tunc, allowing a claim in favor of Helen N. Gault.

— Hon. Gr. W. Wakefield, Judge. ■ Action iu chancery to foreclose a chattel mortgage, and to recover judgment upon thepromissory notes secured by it. ; By the final decree the plaintiff’s petition was dismissed. It now appeals to this court.

— IIow. J. C. Si-ierwiw, Judge. The defendants were convicted of the crime of assault and battery, and from tlie judgment of the district co art imposing a fine upon each, they appeal.

■* Appeal from Dams District Court.- — IIoN. II. C. Tbavebse, Judge. This is a proceeding to condemn certain intoxicating liquors, commenced before a justice of the peace. A barrel containing seventy-two bottles of beer was seized by the officer who served the search warrant. The defendant appeared and claimed to be the owner of tbe beer, and filed an answer, in which he averred that the beer was not owned or kept to be sold in violation of law.

— Hon. C. H. Lewis, Judge. This is an action in chancery to enjoin the.enforcement of an execution issued on a judgment in favor of the defendant Miles, administrator, and against the plaintiffs, and held for service by the defendant Garrison, sheriff, on the ground that the plaintiff Wikel holds a judgment against the defendant Miles, administrator, on an order made by the probate court for the payment of claims against the estate.

— Hon. H. E. Deemer, . Judge. . ACTION to foreclose a mortgage against the mortgagor Williams, and a subsequent purchaser, Taylor. A decree was rendered foreclosing the mortgage, bnt releasing the mortgagor from personal liability thereon. The defendant Taylor appeals.

Appeals from Council Bluffs Superior Court. — Hon. ■E. E. Aylesworth, Judge.- Actiohs to recover damages caused by a trespass upon real estate and the destruction oí fences. The causes were tried together by the court without the intervention of a jury, and judgment was rendered in favor of the plaintiff, in each case. The defendant appeals.

— IIoh, L. 0. ■ ■ Hatch, Judge. üctioN in equity íor a divorce- and other relief. There was a trial and judgment in favor of the defendant. The plaintiff appeals.

— Hoñ. C. M. Watermañ, Judge. Action to recover upon a certificate of membership in the defendant society, issued to Henry Englert, providing for the payment to his children at his death of two thousand dollars, or the sum, not exceeding two thousand dollars, realized by an assessment of one dollar on each member. The cause was submitted to the court without a jury, and upon a finding of law and facts a judgment was rendered for the. defendant. The plaintiff appeals.

— How.. N. W. Macy, Judge. Tnis action is brought to recover damages on account of an alleged breach of contract to purchase a. stock of merchandise and other property. A jury was waived, and there was a trial by the court, which resulted in a judgment in favor of the defendant for costs. The plaintiffs appeal.

— Host. Charles II. Phelps, Judge. The petition alleges that the defendant was the owner of a certain lot and building, and that he kept and maintained upon said premises “ a place for the sale of intoxicating liquors as a beverage, and the defendant, has sold, and continues to sell, intoxicating liquors at said place as a beverage,” asking the abatement of the nuisance, and that an injunction issue.

— Hon. C. H. Lewis, Judge. .Action upon a promissory note, for thirteen hundred dollars and • interest. There was a defense of payment, and also another defense, which was designated as an estoppel.”- There was a trial by jury, and a verdict and judgment for the plaintiff. The defendants appeal.

— Hon. George W. Wakefield, Judge. This is an action at law to recover the value of certain household goods, which it is claimed the plaintiffs shipped over the defendant’s railroad from White Lake in Dakota, to Sioux City, in this state. It is averred in the petition that the defendant failed to deliver said goods to the plaintiffs at Sioux City, and that they were lost.

— How. L. O. Hatch, Judge. Action in chancery to foreclose a mortgage upon more than one thousand acres of land, brought against the mortgagors, Lane and wife. Nancy J. Jenks intervenes, claiming to hold the title to the land under a conveyance to her by the mortgagors, before the mortgage was executed, under which she has continuously held possession of the land.

— IíoN. C. IT. Lewis, Judge. Tins is au action to recover on a bond given by the assignee of a debtor under a general assignment for the benefit of his creditors.

— I-IoN. A. B. 'Thoknell, Judge,! Action to recover the amount due on a promissory note. The defendants, J. P. Evans & Co. and J. P. Evans, denied the making of the note, and pleaded counterclaims. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendants named appeal.

— Hon. C. II. Lewis, Judge. ' Action to recover an amount alleged to be due for services rendered by the plaintiff as an attorney. There was a trial by jury, and a verdict and judgment in favor of plaintiff, from which he appeals.

-Appeal from Boone District Court. — Hon. J. L. Stevens, Judge. This is an action of replevin for a stock of hard- • ware.

— Hon. J. II. Preston, Judge. This is an action upon an injunction bond given to tlie plaintiff and others. A verdict was had for the defendant under the direction of the court, and a judgment rendered thereon, from which the plaintiff appeals.

<p>Appeal from Black Hawk District Court. — Hon. J. J. Net, Judge.</p> <p>Action under section 464 of the Code to recover damages to abutting lots caused by the construction of the defendant’s railroad. The defendant’s demurrer to the petition being sustained, and the plaintiff electing to stand upon his petition, judgment was entered dismissing the same, from which the plaintiff appeals.</p> <p>Some part of the railroad must be in the street opposite the abutting owner’s property to afford him any relief under section 464 of the Code. Morgan v. Railroad, 64 Iowa, 589. Some part of the track or embankment or roadbed must be in tlie street opposite the abutting owner’s property, in such, a manner, or to such an extent, as of itself to injure or damage such abutting owner. Rinard v. Railroad, 66 Iowa, 440. When the railroad makes a diagonal crossing in such a way, that a portion of its track, embankment or roadbed is in the street in front of the abutting owner’s property, such owner can recover. Enos t>. Railroad, 78 Iowa, 28. The crossing in this case is not a mere crossing of a street by a railroad, but it is a diagonal ' crossing made in such a way that a portion of the track or roadbed is within Franklin street in front of plaintiff’s property. The railroad cannot shield itself from liability by styling or calling the whole embankment in the street an approach. Section 464 of the Code is not restricted in its operation to the mere physical needs of defendant’s embankment or roadbed, but that if any portion of the roadbed or embankment, as required by law, is in the street in front of the plaintiff’s property, it is a location and laying down of its tracks in the, street in such a manner and to such an extent that plaintiff, if injured thereby, can recover. The term, locating and laying down, means placing and constructing it. But what is the meaning of the word track as used in this ■ section? Webster gives the several meanings of the word as follows: “(1) A mark left by something that has passed along, as the track of a . ship, a wake, track of a meteor, a track of a sled or sleigh. (2) A mark or impression left by the foot. (3) A road or beaten path. (4) Course, way, as the track of a comet. (5) Eailways. A permanent way. It means something more than the iron rails or the rails and ties. It includes in its meaning the rails, the ties, the roadbed and embankments ; where there is a deep depression of the surface it embraces the whole fill, trestle work, bridges, etc. Where there is an " elevation or hill it includes the cut. It includes the whole impression or change made in the surface of the earth by the road, as a step changes the apijearance of the ground in its immediate locality, leaving a mark which is called a track. In Illinois it has been held that the words, railroad track, include land held in actual use by the railroad company for sidetracks, switches and turn-outs, and also the right of way of the company. O. & A. Ry. Oo. t>. People, 98 Ill. 350; Buchner v. Railroad, 56 Wis. 403; 60 Wis. 264. The true construction of section 464 of the Code is this: If a railroad, in building its line or in constructing any of the physical or legal requirements of the road, either in the shape of roadbed, • embankments, approaches or cuts, occupies a street in such a manner as to damage an abutting property-owner, it is in the contemplation of the statute a location and laying down .of its track in the street. Mulholland v. Railroad, 60 Iowa, 740; Brady v. Railroad, 57 Iowa, 393 ; Hansen v. Railroad, 61 Iowa, 588 ; Oily of Denver v. Bayer, '23 Am. L. Reg. 440, and note. It has been held in this state that the embankment and approach of a road are a part of its track or roadbed. Parley v. Railroad, 42 Iowa, 234 ; Oily of Newton v. Railroad, 66 Iowa, 442. In Wisconsin this question has been before the supreme court in such a manner as to involve a full discussion and a positive decision as to the extent that lateral cuts or embankment approaches form a part of the roadbed or track. Buchner v. Railroad, 56 Wis. 403; 60 Wis. 264; ¡Sioux Oily, etc., Ry. Oo. v. Weimer, 20 N. W. Rep. 349. The words on and upon a street are broad enough to include a railway track that is laid across a street. The track is certainly on and upon the street for the distance it occupies in crossing the street. In Brady v. Railroad, 57 Iowa, 407, this court said: “It is apparent from examination of section 464 of the Code that the legislature had two distinct objects in view, namely : First. To give to the cities complete control over their streets, and to empower them to forbid their ■occupation by lines of railway. Second. To provide that the streets could be occupied by railway tracks only after compensation for the injury to the abutting property. The adoption then of section 464 was a repeal of section 1262, or the judicial construction of said section, so far as it relates to cities and towns announced in Milburn v. Cedar Rapids, 12 Iowa, 258. If the railway in making its crossing confined the approach to its right of way, and such approach did not intrude in the street in front of private property, the railway company would not be liable. But when it extends the embankment which it is required to build in the street, to afford ’the public an opportunity to cross over its road along such street to such a distance and height as to raise the grade of such street in front of an abutting owner’s property, then it has, within the meaning of the statute, located and laid down a portion of its track and roadbed, which it is under a legal necessity of building in the street in front of an abutting property-owner, and must pay all damage to such abutting owner as is given in the manner of arriving at the same by section 464. By this construction sections 464 and 1262 can' be harmonized and full pffect given to all the provisions of each,, though at the .expense of some violence to other sections cited.</p> <p>Section 1262 of the Code in its original form authorized the construction of railway tracks along and upon the streets of a city without the consent of the municipal authorities, and without the payment of damages to abutting property-owners, or to the city. City of Clinton v. Railroad, 24 Iowa, 455. The only liability which would accrue from the proper construction of a railway track on a street was in a case where the fee of the street was in the adjoining property-owner. Kucher - man v. Railroad, 46 Iowa, 366. Section 1262 was amended by the fifteenth general assembly substituting the word • ‘ cross ’ ’ for the word ‘ pass ’ ’ in the third line of the section, and by adding to the end of it the words “at such place of crossing.” The question presented by-this case involves the construction of the words “cross over” in section 1262, and the words “ on ” and “upon” of section 464. As the same general assembly created both of these sections in the form.in which they now. exist, tlie presumption is conclusive that , one does not repeal the other in any part. In section 1262 the words “cross over” are wholly unrestricted, and, under the rule laid down in Milburn v. Cedar Rapids, 12 Iowa, 258, the court will not infer an intention of a restricted use of the words. The right plainly given by the statute is to “ cross over” any-public highway. The plaintiff brings his action under section 464, and must show his right to recover by reason of his property abutting upon the street upon which the defendant has laid down its track. .The averments of the petition show conclusively that no part of the ties or rails are in the street opposite plaintiff’s property. The portion of the embankment necessary for the operation of defendant’ s road is the portion upon which the ties and rails rest. The fill of the approach in the street is in no manner necessary to defendant for the operation of its railway. To entitle plaintiff to recover he must show by the allegations of his petition that some portion of the street in front of his property is occupied by the defendant’s track. Morgan v. Railroad, 64 Iowa, 590 ; Rinard v. Railroad, 66 Iowa, 441.' The plaintiff has no right to designate any part of the approach “an embankment.” The defendant was obligated by law, when it crossed the street, at whatever grade it might adopt, to make suitable and proper approaches to such crossing. Under section 1262 the right of a railway to cross the streets of the city without the consent of the city council and to raise or lower the grade of such street for the purpose of such crossing is clear and explicit, we think, and the language is free from any ambiguity. State v. Railroad, 68 Iowa, 508. The absolute right to thus cross a street is tacitly recognized in Morgan v. Railroad, 64 Iowa, 590; Ottenot v. Railroad, 23 N. E. Rep. 169 ; Bellinger v. Railroad, 23 N. Y. 42; Oline v. Railroad, 101 N. Y. 98; s. c., 4 N. E. Rep. 536; Conklin v. Railroad, 102 N. Y. 107; s. o., 6 N. E. Rep. 663. Before the change in section 1262 by substituting the word “cross” for the word “pass” it was repeatedly held by this court that the section as it then stood authorized the construction of railroads on and along the streets of a city without any liability to abutting property-owners. By the adoption of section 464 and the change of 1262 the occupancy of a street by a railroad track longitudinally was prohibited, by the former section, except upon a compliance with the conditions therein provided, and by the latter section an unrestricted right was conferred by the legislature to cross any and all streets and alleys of a city upon the grade thereof or any other grade, only making it obligatory upon the railroad company to put such street in suitable condition for the traveling public.</p>

— Hon. Lot TiioMas, Judge. These two actions involve the same questions, and, by agreement, they were tried together in the district court, and submitted as one case in this court, and they will be determined in one opinion. The object of the actions is to recover for certain taxes paid by the plaintiff upon a half section of land in Palo Alto county, and to enforce the payment thereof, by the establishment of a lien upon the land.

<p>Appeal from Harrison District Court. — How. C. EL Lewis, Judge.</p> <p>ACTION to recover amounts alleged to be due for rent and labor. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.</p>

— Hon. J. H. Pues Tow, Judge. The plaintiffs named in the titles of the actions involved in this appeal brought suit against J. E,. Billings, and caused J. A. Shedd to be served with process of garnishment. He made answer to the questions prescribed in the statute to be propounded to a garnishee by the sheriff serving the garnishment process, in which he denied indebtedness to the defendant in attachment.

— Ros. Scott M. Lade, Judge. Actioít to recover possession of “a strip of land off of the east side of the northeast quarter of section 15, township 90, range 45, Plymouth county, Iowa,” and damages for the detention thereof.

— Hon. J. M. Casey, Judge. Action upon a policy of insurance. A demurrer to the petition was overruled, and the order overruling the demurrer was set aside on motion, and a motion to strike the motion to set aside the order overruling the demurrer was overruled. Prom these orders made on the motions the plaintiff appeals.

— How. D. R. HiNDMAN, Judge. INDICTMENT for uttering and publishing a promissory note, knowing the same to be false and forged, with intent to defraud. There was a verdict of guilty and a judgment thereon, from which the defendant appeals.

— Hon. W. F. Combad, Judge. Actiom in chancery to redeem in effect from a decree of foreclosure of a mortgage brought by the holder’of another mortgage. After a cross-bill was filed, the plaintiffs dismissed their petition without prejudice. The defendant insisting upon a trial on the cross-bill, the plaintiffs filed a petition asking for the removal of the cause to the United States circuit court, which was denied.

— Hon. Marcus Kavahagh, Judge. The petition is in two counts. The first is to recover two hundred dollars alleged to have been collected írom W. C. Ray for the plaintiff, and the second to recover damages sustained by reason of false representations made by the defendants to Ray, by which he was induced to refuse to carry out a contract with the plaintiff for an exchange of properties.

■Appeal from Woodbury District Court. — Hon. G. W. Wakefield, Judge. ( Action to recover damages íor a breach of promise of marriage. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. J. H. Preston, Judge. Aotioit in .equity to compel the defendant to issue-a renewal of a certain policy of insurance against loss by •fire, and for judgment thereon. The plaintiff alleges in his petition that he was the holder of a policy of insurance upon a stock of merchandise at Oxford Junction against loss by fire in the sum of two thousand dollars, which policy expired August 27, 1888 ; that about the seventeenth day of August, 1888, the plaintiff informed Gr.

— Hon. G. W. Wakefield, Judge. In July, 1890, tlie commissioners of insanity of Harrison county adjudged Emma Bresee insane, and ' ordered her committed to the asylum at Mt. Pleasant. From the action of the commissioners she appealed to ■ the district court,, and thereupon the commissioners directed the supervisors of the county to take charge of and care for her pending the appeal, and she was by the board of supervisors placed in the custody of W. A. Granger, as its agent.

— How. E. E. Aylesworth, Judge. ' This is an action oí replevin lor a horse. There was a trial by the court without a jury. Judgment was rendered for the plaintiff. The defendant appeals.

— Hon. J. C. ’ Sherwin, Judge. This is an action for the possession of a farm. It was commenced and tried before a justice of the peace, and there was a judgment .for the defendant. The plaintiffs appealed to the district court, where a trial was had, which resulted in a judgment for the plaintiffs. The defendant appeals.

— Hon. J. W. Harvey, Judge. Actiou upon two promissory notes 'executed by the defendant Raubinek to Milton Lorimer or bearer, which, were transferred and payment guaranteed by Lorimer to the plaintiff, for value, before due.

— How. J. C. Sherwin, Judge. The plaintiff is the administrator of tbe estate of N. B. Baymond, deceased. The following is the substance of the petition filed in the case: That on the twelfth day of February, 1880, the defendant and one E. A. Baymond were partners under the firm-name of Raymond Bros.; that on that day the firm borrowed of the Bremer County Bank five hundred dollars, and gave therefor its note, with the firm-name signed to it.

L. 0„ n Hatch, Judge, The defendants are husband and wife. The plaintiff demands judgment against them for one hundred and seventy dollars,' and interest, for the rent of a farm of eighty acres for the years 1881 and 1882. The defendant, Emma Gitch, demurred to the petition, and the demurrer was sustained. The plaintiff appeals.

— Hon. D. Ryan, Judge. Action to recover for an amount found due upon a settlement between the parties, and for work and labor. After the plaintiff had submitted his evidence, the court directed the jury to return a verdict for the defendant, which ivas done, and judgment rendered thereon. The plaintiff appeals.

— Hon. John W. Hauvjey, Judge. Actton to quiet title to real estate, and for an accounting of rents and profits. After a hearing upon the merits, the court found that there was no equity in the petition, and adjudged that it be dismissed. The plaintiffs appeal.

<p>Appeal from Dams District Court.---Hoe. Charles D. Leggett, Judge.</p> <p>Irdiotmert for seduction. “Verdict of guilty, and a judgment thereon, from which the defendant appeals.</p>

— Hon. S. M. Weaves, Judge. Action to recover amounts alleged to .be due as royalty for coal lands. There was a judgment in favor of the defendants for costs, and the plaintiff appeals.

— Hon. C. M. Waterman, Judge. Action to recover for a libel of the plaintiff, written and published by defendant, and for other scandalous words spoken by the defendant of and concerning the plaintiff. There was a judgment upon a verdict for the plaintiff. The defendant appeals.

— How. G-eorg-e H. Caer, Judge. Actiow to recover for medical services, care and -supplies furnislied one John Finn, a poor person, whose -alleged settlement is in the defendant county. The following stipulation of facts was filed in the case: “ It is hereby agreed and stipulated as a part of the facts in the above-entitled cause as follows: That John Finn is now nineteen years of age. That he is unmarried, and never has been married.

— Hon. J. H. Pbeston, Judge. Action of mandamus to compel the issuing of an order for the payment of a judgment. From a judgment in favor of the plaintiff, the defendants appeal.

— IIon. J. W. Harvey, Judge. Tiie plaintiffs alleged the issuance to them by the defendant of the policy of insurance set out, against loss by fire of the building described and a stock of merchandise while therein; that the property was totally destroyed by fire, January 2, 1888 ; that on February 2, 1888, the defendant, by its adjuster, Overton, fully adjusted the loss, “took sworn statements of the plaintiff in regard to said loss and its cause, and then ■and there, ,for…

— Hon. John C. Siibrwin, Judge. On the twenty-fourth day of October, 1887, the plaintiff obtained a foreclosure judgment against Shor-land Harris, the then owner of the premises in question, and on December 5, 1887, the same was sold on execution for twenty-seven hundred and eighty-three dollars to the plaintiff. On the fourteenth of November, 1888, the plaintiff and defendant entered into the following contract: “This agreement, made between W. W. Totty and E. E,.

— Hon. J. D. Giffen, Judge. Aotiom to recover damages on account of personal injuries alleged to have been sustained in consequence of the negligence of the defendants. There was a trial by'jury, and a verdict and judgment for tbe plaintiff. The defendants appeal.

— Hon. L. Gr. Kinne, Judge. Actioe upon three promissory notes. The defendant pleaded payment. There was a trial by jury, and a verdict and judgment for the plaintiff for forty-nine dollars and ninety cents. The plaintiff appeals.

— Hon. W. F. BRANNAN, Judge. ActioN to recover two hundred and fifty dollars for services rendered as attorneys for the defendant before the supreme court in the case of this defendant against Elsie Warfield.

— Hon. Marges Kavanagii, Jr., Judge. An action to recover damages for an alleged wrongful refusal of the defendant to convey a certain lot to the plaintiff.

— non. D. Ryah, Judge. Ti-ie plaintiff and tlie firm of Boyer & Barnes were owners of adjoining lots in tlie city of Oskaloosa; the lot of tke plaintiff being twenty feet wide, and that of Boyer & Barnes twenty-eight feet wide.

— Hon. George P. Wilson, Judge. This proceeding was commenced by the plaintiffs filing with the judge oí the superior court oí Crestón an affidavit conforming to the requirements of chapter 3, title 18, of the Code, providing for proceedings auxiliary to execution.

— Hon. J. B. Cleland, Judge. Actioit to recover for services as a teacher in the defendant district. On the twenty-ninth day of July, 1887, the president of the defendant’s board of directors entered into a written contract with the plaintiff, by which she was to teach in the school of the district for a period of nine months from the twenty-ninth day of August, 1887.

— Hon. D. J.' Lenehan, Judge. Action for malicious prosecution. There was a trial by jury, by whom certain special findings were returned with a verdict for the plaintiff. The defendants’ motion for judgment on the special findings and in arrest of judgment was overruled, and judgment was rendered for the plaintiff on the general verdict. The defendants appeal.

AppeUl from, Van Burén Bistriet Courts — lion. D. C. Leggett,' Judge. Tiie plaintiff is the administrator of the- estate of Samuel J. Miller, deceased, who died in February, 1885, intestate, leaving no widow. lie was the father of seven children, — a daughter, whose death preceded his ; and sis sons, who survived him, namely, T. J., S. J., M. J., George, John and William. The daughter left three children surviving her, namely, A. and George Carnes and Mary Scotten.

— Host. Marcus Kavanagh, Jr., Judge. This is a suit iu equity to enjoin the defendants from selling or removing certain brick from a brickyard, which it is alleged the defendants leased from the plaintiffs, and for judgment for rent of the brick-yard. A temporary injunction was allowed, and upon a hearing on the merits there was a decree for the defendants, and the injunction was dissolved. The plaintiffs appeal.

— Hon. Dell Stuart, Judge. The defendant appears to have been tried and convicted of the crime of feloniously receiving stolen goods. He appeals.

Appeals from Wapello District Court. — Hon. H. O. Traverse, Judge. The defendants were each indicted and convicted of the crime of keeping a nuisance by maintaining a place for the unlawful sale of intoxicating liquors. They now appeal. The cases are submitted and tried together in this court.

<p>Appeal from, Madison District Court. — Hon. O. B. Ayers, Judge.</p>

<p>Appeal from Jefferson District Court. — Hon. H. C. Traverse, Judge.</p>

— Hon. A. B. Teiornell, Judge. The defendant was convicted before a justice of the peace upon eight counts of an information for the unlawful sale of intoxicating liquors. He appealed to the district court, where he wás again tried, and convicted on one count, and acquitted on the others. He appeals.

— Hon. S. M. Weaver, Judge. ACTION to recover the possession of real estate, and to quiet the title thereto in plaintiff. The defendant denies the claims of plaintiff, and alleges title in himself. The district court found against the plaintiff, and rendered judgment in favor of the defendant, quieting the title in him. The plaintiff appeals.

— Hon. J. H. Henderson, Judge. Action in chancery by a wife against a husband to recover for support. A demurrer to the petition was overruled, and a demurrer to the answer was sustained,- and, the defendant failing to plead further, a judgment was entered against him upon a default. He now appeals.

— Hon. E. E. Ayles-worth, Judge. This is an action in equity by which the plaintiff seeks to set aside a decree quieting the title to certain real estate, and for other equitable relief. There was a trial upon the merits, and a decree for the plaintiff. The defendant appeals.

<p>Certiorari. Original proceeding.</p>

— Hon. J. H. Macomber, Judge., This action was commenced in 1884. It was tried in the district court, and a judgment was rendered for the defendants. The plaintiff appealed to this court, and the judgment was reversed. After the cause was remanded to the district court the defendant sought to have a change of forum to the circuit court of the United States, The application therefor was granted. The cause was afterwards remanded to the district court.

— Hon. John W. Harvey, Judge. Action on a promissory -note. Defense, want of consideration, and fraud in its inception. There was judgment for the defendant, and plaintiff appeals.

— Hon. J. K. Johnson, Judge. Action for the partition of real estate. The issues also involve the title to the land. The district court gave judgment for the plaintiffs, from which the defendants appeal.

W. R. Lewis, Judge. This is a proceeding by motion asking that judgment be rendered against the defendants in an action to foreclose a chattel mortgage to ■which they were made defendants, but no judgment was rendered against them in the final decree. The motion was overruled, judgment being rendered against plaintiff for costs.

Proceeding- by certiorari to review the legality of proceedings had before the defendant, as judge of the sixteenth judicial district, against the plaintiff for contempt.

— Hon. D. E. Hindman, Judge. The amount in controversy is less than one hundred dollars, and the question for us must arise on a certificate of the district judge presenting a law question.

— Hon. John L, Stevens, Judge. This is an action in equity, and involves the question whether a certain mortgage held and owned by the plaintiff is the superior lien to a mortgage held by the defendant. The mortgages are upon certain land in Webster county. There was a full hearing on the merits, and a decree for the plaintiff. The defendant appeals.

— Hon. John J. Net, Judge. Action to recover half the value of a party wall built by the plaintiff on a line between the lots of plaintiff and defendant, and subsequently used by the defendant. The defendant, answering, denied indebtedness to the plaintiff, and pleaded a counterclaim for damages accruing to him by reason of the faulty construction of the wall.

— Hon. J. H. Henderson, Judge.. The appellant was the executor of the last will and testament of Michael Holderbaum, deceased. The creditors of the estate commenced this proceeding, by which they demand the removal of said executor, upon the ground that he had failed to perform his duty as executor, and was guilty of maladministration in the conduct of the business pertaining to said estate.

— Hon. W. F. Conrad, Judge. Action in equity to establish a mechanic’s lien. There was a decree for plaintiff, and the defendants appeal.

— Hon. J. H, Henderson, Judge. Action in equity to restrain the foreclosure by notice and sale •of a chattel mortgage. The material facts a'e stated in the opinion. From a decree declaring that the intervenor was not entitled to any part of the mortgaged property or its proceeds, the latter appeals.

.Appeal from Polk District Court. — Hon. Charles A. Bishop, Judge. Action for a breach of contract. The defendant’s'denmrrer to the petition being sustained, and the plaintiff electing to stand upon his petition, judgment was entered dismissing the same, from which he appeals.

— Hon. J. M. Casey, Judge. Action to abate a saloon nuisance. The defendants are Anna Glaseker, Henry Schlopp and Joseph Smith. The defendant, Joseph Smith, was by the evidence shown to be the keeper of a saloon, and enjoined as prayed in the petition.

' Appeal from Cedar District Court. — Hon. J. D. Gieipen, Judge. Action for damages for injuries to a team, buggy and harness by reason of the alleged negligence of the defendant. A demurrer to the petition was sustained, and plaintiff appeals.

<p>Appeal from Monroe District Court. — Hon. Dell Stuart, Judge.</p>

— Hon. Andrew Howat, Judge. Action for forcible entry and detention of real property. There was a judgment for the plaintiff, and the defendant and intervenor appeal.

— Hon. S. M. Weaver, Judge. Action at law to recover for property purchased by the plaintiff of the defendant, and never delivered. There was a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. O. B. Ayers, Judge. This is a suit in equity, by which the plaintiff seeks to-enjoin the 'defendants from removing the schoolhouse. A temporary injunction was granted. The defendants filed an answer, and a motion to dissolve the injunction. The motion was submitted to the court upon the petition and answer and certain affidavits, and the injunction was dissolved. The plaintiff appeals.

— Hon. A. Howat, Judge. Action in equity for the foreclosure of a note and mortgage executed by the defendants. The defendant, Benjamin P. Wicts, made default, and a decree was entered against him. The defendant, Stephen Wicks, having answered, the cause was submitted, and decree entered against him, from which he appeals.

— Hon. J. K. Johnson, Judge. Action to recover an amount alleged to be due by virtue of an oral agreement to procure an option for the purchase of coal lands. There was a trial by the court without a jury, and a judgment in favor of the plaintiff for fifty-six hundred and seventy-two dollars and costs. The defendant appeals.

.Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. Action was brought to recover on an account for wagons and •other property sold by the plaintiff to the defendant. There was a judgment on a verdict in favor of M. Brabbitts & Co., and another judgment on a verdict against M. Brabbitts, one of the firm which is a defendant in the action. The plaintiffs appeal.

— Hon. M. Kavanagh, Judge. The defendant was indicted and convicted of an assault with intent to commit rape upon a female child under the age of thirteen years.' 'He'now appeals to this court,

— Hon. John C. Sherwin, Judge. Action in equity to restrain the defendant, as street commissioner, from removing certain fences, and from opening an alleged street in the city of Waverly. There was a decree in favor of the plaintiff, from which the defendants appeals.

— Hon. W. F. Conrad, Judge. The defendants were indicted for the crime of nuisance committed by beeping ior sale and selling intoxicating liquors contiary to law, and were tried and convicted. They appeal.

— Hon. George H. Carr, Judge. This is an action in equity to set aside a decree of foreclosure and a sheriff’s sale of real estate. After a full hearing on the merits, the district court dismissed the petition, and rendered judgment in favor of certain of the defendants for costs. The plaintiff, appeals.

— Hon. L, O. Hatch, Judge. This is an action in chancery to foreclose a mortgage executed by the defendants to plaintiff’s intestate. Upon a trial on the merits, 'the district court dismissed the plaintiff’s petition. He now appeals to this court.

— Hon. J. C. Sherwin, Judge. This case was brou gbt before the district court on a writ of error to C. C. Tupper, justice of the peace, sued out by the defendant, and is appealed to this court by the defendant on certificate of the trial judge.

— Hon. H. E. Deemer, Judge. The defendant was convicted on an indictment charging him with Peeping a house for the unlawful sale of intoxicating liquors. He ■appeals.

— Hon. John C. Sherwin, Judge.. Friday, May 22, 1891. Action at law to recover damages for the alleged wrongful conversion of three horses, one set of double harness and a calf. There-was a trial by jury, and a verdict and judgment for the plaintiff for one hundred and twenty-six dollars. The defendant appeals

— Hon. G. W. Ruddick, Judge. Action in equity to enjoin the sale of certain lands claimed by the plaintiff on execution in favor of Bowman Bros. & Burr and against P. Weed. Trial was had upon the merits, and a decree entered dismissing the plaintiff’s petition, from which he appeals.