Volume 83 — Iowa Reports

— Hon. GIeobge. Oabson, Judge. Action to quiet title to certain real estate. There was a decree for the defendants, and the plaintiff appeals.

— Hon. H. E. Deemed,, Judge, Appellant brought an action to recover for oils sold to the defendant, and obtained an attachment which was levied on a team, harness and oil wagon.

— Hon. Henry Bank, Jr., Judge. Action in chancery to enforce a judgment recovered by the plaintiff against one Clary, for selling intoxicating liquors to the plaintiff’s minor son, and to declare it a hen against the real estate occupied by Clary as a saloon, when he sold the intoxicating. liquors to the minor. Upon a trial on the merits, the plaintiff’s petition was dismissed.

— Hon. O. H. Lewis, Judge. The plaintiffs are trustees of John Hahne for certain of his creditors. The defendant company issued to John Hahne its policy of insurance against loss on certain classes of property, consisting of household goods and other articles of personal property in a certain building in Sioux City. The property was in part destroyed by fire on the ninth day of February, 1885, and the policy was assigned to the plaintiffs. This action is to recover thereon.

<p>Appeal from Jackson District Court. — Hon. Andrew Howat, Judge,</p> <p>Action in chancery to quiet the title of certain lands in the plaintiff. There was a decree granting the relief prayed for in the petition, from which the defendants appeal.</p>

— Hon. Andrew Howat, Judge. The plaintiff is the widow of August Warnebold, deceased. She brought this suit to recover of the defendant the avails of a certain policy of insurance or benefit certificate issued by the defendant to her late husband on the twentieth day of November, 1886. Her said husband died on the twentieth day of August, 1887.

— Hon. A. W. Wilkinson, Judge. Patrick J. Collins and Ms wife, and Elmore M; Kent, Henry B. and Herman L. Kent, as executors of the estate of Darius E. Kent, are defendants in this action. The plaintiff company brings the action for the foreclosure of a mortgage given .by the defendant Collins and wife on the tenth day of May, 1880, to John R. Keep, to secure a coupon note for one thousand ■dollars.

— Hon. Maecus Kavanagh, Je;, Judge. This is an action to recover damages on account of a breach, of covenant in a. warranty deed. There was a trial by jury resulting in a verdict and .judgment for the plaintiff. The defendant appeals.'

— Hon. Makcus Kavanagh, Judge. This is an action aided by attachment under which the appellant Townsend was garnished as a supposed debtor of J. I. Wakefield. Issue was joined upon tbe answer of the garnishee, and a trial had upon that issue to a jury, resulting in a verdict and judgment for the plaintiff, from which the garnishee appeals.

— Hon. J. D. G-iffen, Judge. On September 29, 1888, the plaintiff filed his petition in habeas corpus, upon which a writ was granted, and to which the defendant made answer. The plaintiff demurred to the answer, and, the demurrer being overruled, elected to stand upon his demurrer, and refused to reply or plead over, whereupon the court ordered that he be remanded, and remain in the custody of defendant. The plaintiff appeals.

— Hon. J. . W. Harvey, Judge., Action upon the covenant of warranty in a deed. The cause was tried without a jury, and upon findings of fact a judgment was entered for the plaintiff. The defendant appeals.

.Appeal from Cass District Court. — Hon. H. E. Deemer, Judge. Tbóe defendants, G-eorge and L. A. Weber, are-husband and wife. G-eorge Weber is a judgment debtor to the plaintiff bank. In 1885 G-eorge Weber conveyed-to his wife eighty acres of land and four lots in the city of Atlantic, and this action is to set aside the conveyance as in fraud of the plaintiff’s rights as a judgment creditor.

— Hon. H. E. Deemer, Judge. The plaintiff seeks by tbis action to set aside and cancel a bond for a deed of a certain lot in Council Bluffs. There was a full bearing on tbe merits, and a decree for tbe plaintiff. Tbe defendants appeal.

— Hon. #Charles A.. Bishop, Judge. Action to recover damages alleged to have been, caused by the defendant in operating machinery and. kilns for the purpose of manufacturing brick, and for the abatement of the same as a nuisance. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiff appeals.

— Hon. B. C. Henry, Judge. Action on an agreement for the purchase of cattle. There was a trial by jury-, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. J. H. Preston, Judge. Action to quiet title to a forty-acre tract of land in Linn county. There was a decree for the plaintiff, and. the defendant appeals.

— Hon. Cr. W* Wakefield, Judge. The defendant is assignee for the benefit of the creditors of Phineas Cadwell and William C. Cadwell for their individual indebtedness, and also of said parties as a partnership in carrying on two banking institutions in Harrison county. The plaintiff is the holder of certain promissory notes against Phineas Cadwell, as an individual.

— Hon. N. W. Macey, Judge. Action to enjoin the defendant from the use and occupation of a forty-acre tract of land in Audubon county. The district court gave judgment for the defendant, and the plaintiff appeals.

— Hon. G-. W.. Wakefield, Judge. This is an action to recover damages for a personal injury. There was a judgment for plaintiff, and the* defendant appeals.

— Hon. G-eorge W. Wakefield, Judge. « The defendant was tried, found “guilty as charged,” and sentenced to be confined in the penitentiary for a term of three years, upon an indictment charging as follows: “The said Fred M. Hull, on or about the twenty-seventh day of November, in the year of our Lord One thousand eight hundred and eighty-nine, in the county and state aforesaid, in a certain store building of I. E. Hull & Go., situate on the east twenty-two feet of the west…

— Hon. J. L. Stevens, Judge. This is an appeal by Charles Zimmerman from an order of Hon. D. E. Hindman, judge of the eleventh judicial district, in a proceeding on habeas corpus, remanding the appellant to custody.

.Appeal from B%iena Vista District Cov/rt. — Hon. Lot Thomas, Judge. Action on a promissory note. There was a verdict, ■under the direction of the court, for the defendant. 'The plaintiff appeals.

— Hon. H. E. Deemeb, Judge. Action in equity to recover the amount of a promissory note, and for the foreclosure of a mortgage given to secure its payment. There was a trial by the court, and a decree in favor of the plaintiff as prayed. The-defendants appeal.

— Hon. J. H. Macombee, Judge. This is a proceeding to establish, a boundary line, and to restore a lost corner of land owned by the plaintiff. A demurrer to the petition was sustained, and the plaintiff appeals.

<p>1. Intoxicating Liquors: nuisance: lessor’s liability. Where property was leased for a lawful purpose, aud the lessee used the • same for the illegal sale of intoxicating liquors without the knowledge of the lessor, who, after the issuance of a temporary injunction against him because of said nuisance, notified the lessee to quit the premises, and afterwards, in good faith, prosecuted an action of forcible entry and detainer for the possession of the property, but was denied the relief sought, held, that upon the final hearing of the injunction proceedings the temporary injunction against the lessor was properly dissolved, and the action dismissed as to him, but that the nuisance should, nevertheless, have been abated by order of the court.</p> <p>2. -: -: -: costs. The owner of real estate is not liable for the costs of an action for the abatement of a saloon nuisance maintained upon his premises without Ms knowledge or consent.</p>

— Hon. Dell, Stuaet, Judge. This is an action to enjoin the defendants from an unlawful use of church buildings and records. There-was a decree for the defendants, and the plaintiffs appeal.

— Hon. Lot Thomas, Judge. Action at law to' recover one hundred and fifty dollars damages, and for an injunction to restrain the defendants from pursuing the business of buying butter at Storm Lake, in Buena Yista county. Application for a temporary injunction was made to the judge in vacation. The defendants appeared and filed objections to the granting of the writ. The objections were sustained, and the plaintiffs appeal.

— Hon. C. H. Lewis, Judge. Action to recover for trespass by the defendants' in wrongfully entering upon lands owned by the plaintiffs, and cultivating the same. The cause was tried without a jury, and judgment was rendered for the plaintiff. The defendants appeal.

Appeals from Woodbiwy Disb-ict Cotvrt — Hon. George W. Wakefield, Judge. Each of these actions involves the title to a quarter section of land claimed by the plaintiff under a railroad grant, and by the defendant by virtue of an entry made under the laws of the United States. The plaintiff asks that the entries be vacated, that the defendants be enjoined from attempting to acquire title by virtue of their entries, and that the title of the plaintiff be quieted.

— Hon. John: T. Stoneman, Judge. This is an action for damages for an alleged assault: and battery inflicted upon the plaintiff by tbe defendant. There was a trial by jury, and a verdict and. judgment for the plaintiff for five hundred dollars,. The defendant appeals.

— Hon. S. H. Fairall, Judge. This is an action for a partition of certain lands ■and town lots. Upon a trial on tbe merits, tbe petition ■and a cross-bill filed by one of tbe defendants were dismissed. Tbe plaintiff and tbis defendant appeal.

— Hon. Charles H. Phelps, Judge. Action to recover the possession of specific personal property. By direction of the court, the jury returned a verdict in favor of the plaintiff, and judgment was rendered thereon. The defendant appeals.

— Hon. Josiah Given,. Judge, Action' in chancery to rescind a deed on the ground that its execution was secured through fraudulent and false representations as to the value of land traded to the plaintiff by defendant for the lot conveyed in the deed. There was a decree dismissing the plaintiff’s petition. He now appeals to this court.

— Hon. C. M. Waterman, Judge. Action to recover premiums offered by the “Upper Mississippi Yalley Inter-state Fair.” The defendants in the suit as originally instituted are twenty-eight in number, being the president, vice-president, treasurer, secretary and directors ■ of the fair.

— Hon. Mabcus Kavanag-h, Jb., Judge. This is an action to recover for alleged extra work in building a brick sewer under a written contract with the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. W. F. Beannan, Judge. This is a proceeding for the probate of an alleged 'will of Ralph Heath, deceased. The probate was proposed by the sole beneficiary and executrix therein named, Mrs. D. M. M. Sino, and was contested by certain heirs of the decedent. There was a trial by jury, and a verdict and judgment in favor of the contestants. The proponent appeals.

— Hon. H. C. Traverse, Judge. This is an action to recover damages for an alleged trespass upon óertain land, the property of the defendant. There was a trial by jury, resulting in a verdict and judgment for plaintiff. The defendant _ appeals.

— Hon. J. M. Casey, Judge. The plaintiff, as assignee for value and before maturity of two promissory notes executed by defendants, payable “to Charles R. Whitesell et at. or order,” asks judgment thereon, and the foreclosure of a mortgage given by the defendants to secure the same.

— Hon. Gr. W. Buddick, Judge. Action of replevin for a horse.

— Hon. R. C. Henry, Judge. This is au action to recover for personal injuries alleged to have been caused by tbe wrong of the defendant. There was a judgment in favor of the defendant. The plaintiff appeals.

— Hon. Charles A. Bishop, Judge. Plaintiff was the owner of a hotel in the city of Des Moines known as the “Given House.” He leased the property to the defendant by a written lease, and this action is brought to recover the rent agreed upon between the parties. The defendant by his answer .admitted that the plaintiff’s claim was correct, and pleaded some four counterclaims, upon which he -demanded judgment against the plaintiff.

— Hon. C. H. Lewis, Judge. Action to quiet title. On or about the fourteenth •day of November, 1860, the treasurer of Sioux county sold the land in question for the taxes for 1858 and 1859, and the plaintiff’s title deed is based upon such sale.

— Hon. A. W. Wilkinson, Judge. Action on a policy of insurance to recover for a loss by fire. There was a trial by jury, and a verdict and judgment in favor of the plaintiffs. The defendant appeals.

— Hon. James D. G-iffen, Judge. The plaintiff is the trustee of one A. Bdlton. On the fifteenth day of September, 1885, at the town of Paralta, in Linn county, said Bolton was driving a team of colts on a public highway where the same crossed the defendant’s railway tracks, when the team took fright because of a freight car standing on the track and in the public highway, and ran, throwing Bolton out of the wagon, and against a fence, by which ■ he was injured.

, Appeal from Louisa District Court. — Hon. W. R. Lewis, Judge. Action to recover damages for failure to transmit and deliver a telegraphic message. There was a trial by jury, and a verdict and judgment for the plaintiff for sixty cents. The plaintiff appeals.

— Hon. C. M. Waterman, Judge. Action on account of an alleged slander. There was atrial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. C. H. Lewis, Judge. On the first and second days of April, 1889, the plaintiff lost by fire some hay, fence posts and growing trees. This action is to recover from the defendant company, on the ground that the fires were set by passing engines. There was a judgment for the plaintiff, from which the defendant appeals.

— Hon. J. D. Gteeen,, Judge. Action to recover damages for laying down and operating a railroad track on Fourth street, in the city of Cedar Rapids. The plaintiff is the owner of a lot which abuts on the street, and opposite to which the railroad track in question was laid. There was a judgment for the defendant upon the verdict of a jury, and the plaintiff appeals.

— Hon. H. C. Tbayeb.se, Judge. Action to recover double damages for stock killed and injured on the defendant’s railway, the actual damage being averred in petition to be one hundred and sixty-nine dollars. The answer admits the killing and injury to the stock, and the actual damages, as alleged.

— Hon. E. L. Burton, Judge. The defendant was indicted for the crime of robbery, convicted and adjudged to be imprisoned in the penitentiary at Ft. Madison for the term of one year. From that judgment he appeals.

— Hon. John W. Hakvey, Judge. Action to subject real estate to the payment of certain judgments. From the judgment as entered the plaintiff appeals.

— Hon. C. P. Cough, Judge. Action in equity to enjoin the defendant from cutting down or otherwise interfering with certain trees. There was a trial by the court,'and a decree in favor of the plaintiff. The defendant appeals.

— Hon. O. H. Lewis, Judge. This is an action upon a promissory note. There was a judgment on a verdict for the defendants. The plaintiff appeals.

<p>Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge.</p> <p>Action of replevin for a diamond ring and a. diamond stud. The plaintiff and the defendant each claim to be the owner of said property. The cause was submitted to a jury, and, the jury being unable to-agree upon a verdict, by agreement of the parties the-issue was afterwards submitted to the court without a, jury, on the evidence taken by the short-hand reporter at the jury trial. The court, upon an examination of' the evidence, found for the plaintiff. The defendant, appeals.</p>

— Hon. A. W. Wilkinson, Judge. The defendant was convicted of the crime of -perjury and adjudged to be imprisoned in the penitentiary at Ft. Madison at hard labor for a term of three years. He appeals.

<p>1. Original Notice: substituted service: residence: void judgment. Where, in an action for the foreclosure of a mortgage, service of the original notice was made upon the defendant mortgagor by delivering a copy thereof to his wife at the place where she and the defendant’s children resided in, this state, but the mortgagor had about eighteen months previously gone to another state, intending to make his home there, and there engaged in business, built a house, shop, and other buildings, voted at elections, sat upon juries and discharged other duties of a citizen, but did not remove his family there for several years, though continually intending to do so, and visited them in this state at long intervals, held, that a decree of foreclosure based upon such service was void for want of jurisdiction.</p> <p>2. Practice in Supreme Court: appeal: review. Where a cause is pending in the supreme court upon the appeal of one of the parties thereto, the amount of the judgment therein will not he reviewed upon the complaint of one who has not appealed therefrom.</p> <p>3. Decree: performance: extension of time on appeal. Where in an action to redeem from a judicial sale the plaintiff was awarded the right of redemption if made within ninety days after the rendering of the decree, hut redemption within such time was prevented hy the appeal of the defendant to the supreme court, held, that the plaintiff was entitled to ninety days after the affirmance of the judgment in the supreme court in which to redeem.</p>

— Hon. A. Howat, Judge. Action in equity to wind up a partnership between the plaintiff and the defendant under the firm-name of Morris & Griffin, and for an accounting between the partners.

<p>Appeal from Lyon District Court. — Hon. Q-. W. Wakefield,, Judge.</p> <p>One Irwin was the tenant of, and raised wheat on the land of, the plaintiff Wright during the year 1888, on which the law gave to Wright a lien for his rental. February 15,1888, Irwin gave to the intervener a mortgage on the crops thus raised, and the description in the mortgage is: “AH crops raised this year on the eighty acres I rent on the southeast quarter of section 21, township 99, range 43’; also, all crops I raise on the northeast quarter of 28 — 99 — 43, — altogether about one hundred and sixty acres.” In October, 1888, after the wheat was threshed, it was sold on the market by Irwin to the E. M. Dickey Co., for which a full price was paid, and without any knowledge of a lien thereon, except such as was imparted by the record of the mortgage to the intervener, which was filed February 16, 1888. Wright brings this action against the E. M. Dickey Co., to recover the value of the wheat because of his landlord's lien. The defendant, the E. M. Dickey Co., and the intervener, the Sibley Loaning Company, unite in resisting the claim of the plainiff; and the intervener further claims of the E. Mr. Dickey Co. the value of the wheat by virtue of its mortgage, which the E. M. Dickey Co. resists, undet the plea of its purchase in open market, in good faith,, and with no actual knowledge of the mortgage lien. The district court gave judgment for the intervener against both the plaintiff and the defendant. The defendant company alone appeals.</p>

— Hon. S. M. Weaver, Judge. Action in equity to recover the amount due on two promissory notes, for the foreclosure of a chattel mortgage, and for general equitable relief. There was a hearing on the merits, and a judgment in favor of the plaintiff for a part only of the relief demanded. He appeals.

<p>Property Exempt from Execution: Insurance ox same. Where personal property exempt from execution, under section 3072 of the Code, is destroyed by fire, the avails of an insurance polioy upon such property is likewise exempt.</p>

— Hon. George H; Carr, Judge. Action to recover for personal injuries. The case was tried to a jury, and at the conclusion of the testimony for the plaintiff defendant moved for a verdict on the following grounds: First. For that by plaintiff’s own showing he is guilty of such contributory negligence as to preclude Ms- right of recovery in walking on the track, and not observing the approach.of the car that struck him, and he has not shown any negligence against the company.

<p>Appeal from Monona District Cov/rt. — Hon. Scott M. Ladd, Judge.</p> <p>This is an action to compel an accounting for money alleged to have been received by the defendant as guardian of the plaintiff during her minority. There was a trial upon' the merits, and the plaintiff’s petition was dismissed, and she appeals.</p>

— Hon. Lot Thomas, Judge. This is an action in equity, by which it is sought to redeem certain real estate from a sale for taxes. The ground of the plaintiff’s claim is that he is the legal guardian of Charles B. Smeltzer, a minor, and that his said ward is the owner of the land, and'has the right of redemption by reason of his minority. The cause was fully tried on its merits, and there was a decree for the plaintiff. The defendant appeals.

— Hon. A. B. Thornell, Judge. Action to recover a certain stock of goods.' There was a judgment for the plaintiff, from which the defendants appeal.

— Hon. Gr. W. Buddick, Judge. - Action to recover damages on account of personal injuries sustained by the plaintiff, and alleged to have been caused by the negligence of the defendants,. There was a trial by jury, and a judgment in favor-of the plaintiff. The defendants appeal.

<p>1. Injunction: bond: damages: expenses. In an action brought by the defendant to enjoin an execution sale of certain lands and to quiet bis title thereto, the injunction was, upon final hearing, dissolved, and the defendant held to hold the land in trust for the plaintiff herein. Held, in an action upon the injunction bond that the plaintiff was not entitled to recover as damages the costs and expenses incurred in obtaining the dissolution of said injunction.</p> <p>2. -: -: use oe land. The value of the use of the land in such case for the time that the plaintiff was kept out of possession being contingent upon the result of said execution sale, held, not to be recoverable as damages.</p> <p>3. -:-: -. The cost of publication of the notice of said execution sale having been incurred in part for other lands, and it not appearing what part of such expense was on account of the lands in controversy, and said sale as to tlje latter lands being unnecessary, held, that the plaintiff was not entitled to recover such costs.</p>

.Appeal prom Galhoxm District Coxvrt. — Hon. J. P. Connor, Judge. Certiorari to declare invalid the action of the .-supervisors of the county, as a board of equalization, in raising the assessments of moneys and credits made .against the plaintiffs. The district court adjudged that the action of the defendants complained of is illegal, .and without authority of law, and, therefore, null and void. The defendants appeal.

— Hon. J. C. Shekwin, Judge. Action to. recover damages alleged to have resulted from the negligence of the- defendant in causing the death of the plaintiff’s intestate. There was a trial by jury, resulting in a verdict and judgment in favor of the plaintiff for sixty-five hundred dollars. The defendant appeals.

— Hon. H. E. Deemer, Judge. The plaintiff commenced an action in the district •court at Avoca against Anderson Davis on two unmatured promissory notes, executed by Davis to W. H. Longanecker, in which action an attachment was Issued and levied upon certain land as the property of Davis.

<p>Appeal from Pottaivattamie District Cowrt. — Hon. N. W. Macy, Judge.</p> <p>Action to recover on a contract of guaranty. There was a judgment for the plaintiff from which the defendant company appeals.</p>

— Hon. G-eorge Carson, Judge. Action upon a policy of insurance. There was a judgment upon a verdict for plaintiff. The defendant appeals.

— Hon. H. E. Deemer, Judge. Action in equity to establish and confirm in the plaintiffs the title to one moiety in lots 1-3, block 28, and lots 1-10 and 21-30, block 49, in Brown’s subdivision in the city of Council Bluffs. The plaintiffs claim such title as the heirs-at-law of W. D. Brown, deceased, and allege that the appellant Davis claims to be the absolute owner of the whole title, under certain pretended tax deeds to the defendants, John T. Baldwin and Gr.

— Hon. G-eorge Carson, Judge. The plaintiff seeks to have appointed a guardian of the estate of the defendant on the alleged ground that he is of unsound mind, and is not possessed of the judgment necessary for the management of his estate. The cause was tried to a jury, which found that the defendant was of unsound mind. A judgment was rendered on the verdict, and the defendant appeals.

— Hon. Marcus Kavanaug-h, Jr., Judge. This is an action in equity for a decree setting aside a sheriff’s sale and deed of certain real estate. There was a hearing on the merits, and a decree for the plaintiff. The defendants appeal,

— Hon. L. Gr. Kinne, Judge. The plaintiff brings this action upon a promissory note dated December 15,' 1875, due fifteen months after date, and payable “ at First National Bank of Tama City, Iowa.” The petition was filed' March 19, 1887. The defendant demurred on the ground that the petition showed that the cause of action did not accrue at any time within ten years next prior to the commencement of this action.

— Hon. George Carson, Judge. Action at law to recover the possession of specific personal property. There was a trial by jury, and a verdict and judgment in favor of the plaintiff.

— Hon. G-eo. W. Wakefield, Judge. The plaintiffs claim a right to certain money in-the hands of a garnishee paramount to that of certain interveners and others. On the final hearing a decree was rendered in favor of the interveners. The plaintiffs appeal.

— Hon. Chables H. Phelps, Judge. Action by the receiver of a corporation to recover against a stockholder an unpaid balance, due upon his subscription for stock. The case was tried without a .jury, and a judgment rendered for the defendant. The plaintiff appeals.

— Hon. George W, Wakefield, Judge. Action in equity to quiet the title to four hundred and sixty acres of land in Sioux couiity, claimed by the defendants tinder certain tax deeds. After a hearing on the merits, a decree was rendered in favor of the ■defendants. The plaintiffs appeal.

— Hon. A. B. Thornell, Judge. Action to quiet title and for general relief. From a. judgment for the plaintiffs, the defendants appeal.

— Hon. Charles H. Phelps, Judge. This is an action at law to recover on an alleged -contract by which it is claimed thp plaintiff: is entitled to certain specific sums as commissions for effecting sales of a device for consuming smoke and saving fuel in the operation of steam-engines. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiff appeals.

— Hon. George W. Wakeeield, Judge.- The plaintiff brought this action against the defendants to recover sixteen hundred and thirty-four dollars and thirty-five cents on account for merchandise, for which judgment was subsequently rendered.

— Hon. J. P. Oonneb, Judge. This is a proceeding to establish a claim against the estate of H. J. G-able, deceased. Tbe defendants •are executors of said estate. Tbe plaintiff is administratrix of tbe estate of Joseph Gable, deceased. A jury was waived, and a trial was bad to tbe court. It was found that tbe defendants, as executors, were indebted to tbe estate, of wbicb tbe plaintiff is tbe administratrix, in tbe sum of nine hundred and eighty dollars. Tbe defendants appeal.

— Hon. C. H. Lewis, Judge. The defendant was indicted for an assault to commit murder, and was convicted of an assault with intent to commit manslaughter, and sentenced to imprisonment in the penitentiary for six months. He now appeals to this court.

— Hon. G. W. Wakefield, Judge. The plaintiff brought this action March 8, 1889, to recover of the defendant the value of two hundred bushels of wheat upon which the plaintiff claimed to have a landlord’s lien, and which he alleges was wrongfully converted by the defendant to its own use, and that it refused to return or pay for the same, wherefore he asks judgment.

— Hon. S. H. Fairall, Judge. The defendant was indicted for the crime of adultery, and upon the trial, upon the direction of the district court, a verdict of acquittal was rendered. The state appeals.

— Hon. W. F. Conrad, Judge. This is a proceeding on the part of Mary Ann Phelan to have a judgment entered in favor of Dullard on the confession of Michael Phelan disapproved and vacated, and for other relief. From a judgment granting the relief demanded, Dullard appeals.

— Hon. N. W. Macy, Judge. Action to enjoin the defendants from the sale, on execution, of certain premises, on the ground that they constituted the homestead of the plaintiff. There was a decree for the plaintiff, from which the defendants appeal.

— Hon. J. H,. . Henderson, Judge. ' This is an action in equity to quiet the title in the plaintiff to five acres of land. There was a decree for the plaintiff,, and the defendant Ruth Clark appeals.

— Hon. H. E. Deemer, Judge. Action for personal injuries. There was a verdict and judgment for the plaintiff, from which the defendant appeals.

<p>i. Attachment: garnishment oe non-resident debtor: garnishee sued in another state: abatement. A., a corporation organized under the laws of Pennsylvania, and doing business under a license in the state of Illinois, and also in this state, being indebted to D., a corporation organized under the laws of this state, the latter assigned its claim against A. to G., a resident of this state, and gave notice thereof to A. Afterwards the firm of G. & W., creditors of D., commenced an action against D., aided by attachment, in the state of Ulinois, and garnished A. The latter answered as to the assignment to G., and thereupon G., being served with notice to interplead, appeared and answered in the ease in Illinois, submitting itself and its interests in the debt garnished to the jurisdiction of that court. Subsequently, and while the action in Illinois was still pending, Gr. commenced an action upon the assigned claim against A. in this state. Selcl, upon demurrer to an answer by A. therein, in the nature of a plea in abatement, that the laws of Illinois being presumed to be the same as those of this state, in the absence of a showing to the contrary, A. was liable to suit upon the claim of D. in the courts of Illinois, in all respects as a resident corporation of that state would be, and likewise to garnishment therefor, and, therefore, the Illinois court, by its process of garnishment, and the appearance of Q-. therein, had acquired jurisdiction of the claim in controversy.</p> <p>'2. Process: EXTRA-TER.mTOR.rAL service: voluntary appearance: waiver op jurisdiction. The Illinois court being without jurisdiction to require Gr. to interplead in the garnishment proceeding, its appearance in response to the process of that court is to be regarded as voluntary, and a waiver of its right to object to the jurisdiction of the court.</p>

— Hon. Charles H. Phelps, Judge. Action for the partition of Pellizzarro’s subdivision of part of section 29, township 70 north, of range 2 west, Des Moines county, Iowa, consisting of thirty-one lots, numbered from one to thirty-one. There was a decree dismissing the plaintiff’s petition, and quieting the title in the defendants. The plaintiff; appeals. The issues and facts appear in the opinion.

— Hon. Chas. H. ■Phelps, Judge. Action to recover damages for the breach of an engagement to purchase paving blocks. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendants appeal.

.Appealfrom Cedar District Court. — Hon. J. D. Hielen, Judge. Action in equity by the creditors of -the estate of H. Wilhelm, deceased, against Mary J. Wilbelm, his widow, and O. O. Wilhelm, his son. The relief sought is the setting aside of certain alleged conveyances of ' land by the deceased to the defendants, and subjection of the property to the payment of the claims of the •plaintiffs. There were decrees for the plaintiffs, and the defendants appeal.

— Hon. Lot Thomas, Judge. Besides the appellant, the defendants are A. J. Parker and Estella B. Fuller. The action is to foreclose a mortgage on land described as “large lot 1, in Lathrop’s addition to the town of Humboldt,” against H. J. Parker, as debtor, and the other defendants as having an interest therein.

-'-Hon. George: W. Wakefield, Judge. November 17, 1888, M. A. Bacon, widow, and’ Moses C. Bacon, Leonard R. Bacon and Sarah Tule, sole heirs of Moses W. Bacon, filed their petition entitled as in equity against R. J. Chase and fifty-five-other defendants.

— Hon. A. W. 'Wilkinson, Judge. The plaintiffs, four in number, each brought an action to recover certain goods, or their value, by virtue of certain chattel mortgages. The causes were, by agreement, consolidated for trial, and judgment entered for the plaintiffs, from which the defendant.appeals.

— Hon. J. H. Hendebson, Judge. Action for forcible entry and detainer. The defendants were found not guilty in justice’s court, and judgment was there rendered in their favor for costs. 'The plaintiff thereupon removed a portion of the proceedings to the district court for review by writ of error. On the hearing in that court the judgment of the .justice’s court was affirmed. The plaintiff appeals.

— Hon. Marcus Kavanaugh, Jr., Judge. Action to recover the amount of three promissory notes. The defendant admitted the making of the notes, and pleaded a counterclaim. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. N. W. Maoy, Judge. The plaintiff’s cause of action is based on tbe alleged publication of certain false and slanderous statements pertaining to tbe plaintiff, who is a minister of tbe gospel, to tbe effect tbat be was dishonest and lewd. Tbe trial presented an issue of facts as to tbe conduct of tbe plaintiff in having illicit intercourse with one Mrs. Smith, and considerable testimony was adduced tending to establish tbe fact, as well as against it.

— Hon. S. M. “Weaver, Judge. Action in equity, in which the validity of a general assignment for the benefit of creditors, an attachment levied upon certain personal property, and a. chattel mortgage, are claimed to be void. There was a. hearing upon the merits, and the plaintiffs’ petitions, were dismissed, and they appeal. The appeals in both cases will be determined in one opinion.

— Hon. John J. Ney, Judge. Action for personal injury in a defective sidewalk. There was a judgment for the plaintiff, and the defendant appeals.

Appeal 'from Hardin District Court. — Hon. J. L. Stevens, Judge. The plaintiffs claim that the defendant wrongfully holds possession of. a certain tract of land. The defendant claims to hold the premises by virtue of a lease made by the plaintiffs. There was a trial by the •court without the intervention of a jury, and a judgment in favor of the defendant for costs. The plaintiffs appeal.

— Hon. D. B. Hindman, Judge. The plaintiff caused an execution to be issued for the satisfaction of a judgment which it held against one Frank Menzie. It was served by garnishing certain persons as supposed creditors of Menzie. They were required to appear in court and make answer to the garnishment.

— Hon. J. C. Sherwin, Judge. Action in chancery to settle certain copartnerships existing between the parties under three separate contracts, — one for the transaction of a general retail lumber, grain, coal and produce business; another for the transaction of a banking business; and the third for the purchase of mining stock. The business under the first two contracts was settled by the parties before trial, leaving the case depending for trial as to the third contract.

— Hon. H. E. Deemeb, Judge.) Action to recover possession of a certain stock of merchandise. There was a trial to the court, resulting in a judgment for the plaintiffs. The defendant appeals.

— Hon. George W. Wakefield, Judge. This is an appeal by the plaintiff from an order-dissolving an attachment, and releasing certain attached property. The facts appear in the opinion.

— Hon. J. H. Henderson, Judge. Action commenced before a justice of the peace upon an account for five dollars and fifty cents. The defendants pleaded a counterclaim of fifty dollars for malicious'proseeution of tbe action. There was a judgment for the plaintiff for four dollars and ninety cents, and the defendants appeal to the district court. The plaintiff moved to dismiss the appeal on the ground that the account in controversy does not exceed twenty-five dollars.

<p>Insurance: premium: payment: notice op suspension op policy: SERVICE BY mail. Under section 2 of chapter 210 of the Laws of 1880, providing that, where the time for the payment of the premium upon a policy of insurance is fixed by note or other contract, the insurance company may, within thirty days before, or at any time after, the-maturity of such obligation, serve the defendant with notice in writing that unless the same is paid within thirty days his policy will be-suspended; and providing, further, that such notice maybe served, personally or by registered letter, addressed to the assured at his postoffice address, the service of such notice by mail is completed when the letter is properly addressed to the insured, and registered at. the postoffiee..</p>

— Hon. Chables A. Bishop, Judge. In a proceeding for the settlement of this estate Sarah M. Drake filed a petition of intervention, claiming that certain money, deposited by the intestate in the Citizens’ National Bank in his ovni name was the money of the intervener, and held by the intestate and deposited as her agent.

— Hon. Charles D. Leggett, Judge. Proceedings in probate to prove and establish a claim against the estate whereof the defendant is the administrator. The claim was established and allowed, and a judgment or order for the payment entered •accordingly. The defendant appeals.

— Hon. L. O. Hatch, Judge. The defendant was indicted, tried and convicted of the crime of rape. His motion for a new trial being overruled, judgment was entered against him, from which he appeals.

— Hon. J. H. Macomber, Judge. Action in equity to quiet the title to certain land •situated in Calhoun county. Hpon final hearing, the district' court granted to the plaintiff the relief demanded as to a portion of the land in controversy, and denied it as to the remainder. Both parties •appeal, the plaintiff being known as the appellant.

— Hon. J. H. Macomber, Judge. Action in equity to quiet, the title to certain land situated in Calhoun county. On final hearing the district court granted to the plaintiff the relief demanded as to a portion of the land. The defendants appeal.

— Hon. J. W. Harvey, Judge. Action to recover damages alleged to have been •caused by tbe negligence of the defendant. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. A. W. Wilkinson, Judge. Information on oath was filed with the mayor of the city of Knoxville, accusing the defendants “of the •crime of erecting, keeping and maintaining a nuisance in said city, * * * in violation of the ordinances of said city, for that they used and kept a stock yard, for the keeping and loading of stock, in such condition as to constitute a nuisance under said ordinances.” It is asked in the information “that said defendants be-dealt with…

<p>Appeal from Clinton District Court, — Hon. A. Howat,. Judge.</p> <p>Action to recover damages for personal injuries sustained by the plaintiff while a passenger upon the-defendant’s railroad car, by reason of the negligence of the defendant’s employes. There was a judgment on a verdict for the plaintiff. The defendant appeals.</p>

— Hon. S. M. Weaver, Judge. Action upon two promissory notes executed to Cole, Grant & Co., indorsed in blank by the payee, and transferred by delivery to the plaintiff bank. The defenses pleaded are: First. Fraud at their inception; and, second, their alteration since their execution, by inserting in each of them a rate of interest at eight per cent. The jury returned its general verdict for the defendant, with the following special findings: “ First.

— Hon. J. H. Preston, Judge. Action on a policy of insurance.

— Hon, J. E. E. McGIee, Judge. Action at law to recover damages' for an alleged unlawful seizure and conversion of certain personal property. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendants-appeal.

— Hon. H. E. Deemer, Judge. Action to recover a sum of money alleged to bave been paid to secure the appearance of a person held to bail on a criminal charge to await the action of the grand jury. Demurrers to the petition were sustained, and judgments for costs were rendered in favor of defendants. The plaintiffs appeal.

— Hon. H. C.. Traverse, Judge, Action aided by attachment to recover a balance-alleged to be due on account for merchandise sold. The defendants denied indebtedness, and pleaded a. counterclaim for the alleged wrongful suing out of the-attachment. There was a trial by jury, and a verdict and judgment in favor of the defendants. The plaintiffs appeal.

— Hon. J. H. Preston, Judge. - Action to establish an easement as appurtenant to land owned by the plaintiff. Judgment dismissing the plaintiff’s petition, and he appeals.

— Hon. H. E._ Deemer, Judge. Action to quiet the title of certain city lots in the* plaintiff against the claim of the defendants. There was a decree granting the relief prayed for by the plain- - tiff. The defendants appeal.

.Appeal from Hamilton District Court. — Hon. John L. Stevens, Judge. Action upon an account for thirty-five dollars. The suit was commenced before a justice of the peace. The plaintiffs procured an attachment to issue, which was levied upon a horse owned by the defendant.

<p>Schools: directors: subdireotors: authority: injunction. A sub-director in a school district has no authority to refuse to use or to allow to be placed in his school an article ordered therefor by the board of directors, upon the ground that the same was purchased contrary to law, or because the same is worthless and a needless expense; and a subdirector so resisting the authority of the board may be restrained from so doing by injunction.</p>

— Hon. J. W.. Buddiok, Judge. Action for personal injuries resulting from the negligence of the defendant county to properly maintain a bridge on one of its highways. There was a verdict for the plaintiff, which the court, on motion of the defendant, set aside, and granted a new trial. Hrom the action of the court granting the new trial the plaintiff appeals.

— Hon. L. O. Hatch, Judge. Proceedings for the allowance of a claim against the estate of a person insane. From an order allowing a portion of the claim the defendant appeals.

— Hon. S. R. Davis,, Judge. Action upon a promissory note. There was a trial’ to a jury, resulting in a verdict and judgment for the defendant Schmitz. The plaintiff appeals.

— Hon. D. J. Lenehan, Judge. Action to recover the value of certain pasturage and crops alleged to have belonged to the plaintiff, and to have been wrongfully appropriated by the defendant, and converted to his own use. There was a trial by the court, without the intervention of a jury, and a judgment in favor of defendant. The plaintiff appeals.

— Hon. D. * J. Lene-han and Hon. J. L. Husted, Judges. Action in chancery to restrain the defendant from depriving the plaintiff of gas which he claims under a contract between the parties. The court upon two several applications refused to grant a temporary injunction. From these orders the plaintiff appeals.

Original Action for Mandamus. Application on behalf of the state for an order against the defendant to show cause why it should not be compelled to obey a decree of this court entered against the Central Iowa Railway Company, and why a writ of mandatory injunction should not issue against 'it. The defendant having answered, the plaintiff moves for an order as prayed on the pleadings and proceedings as set out, and the case is submitted on this motion.

— Hon. A. B. Thoknell, Judge, This is an equitable action, and it involves the settlement of a partnership in which the plaintiff and the defendants were members under the partnership name of W. H. Applegate & Co., and afterwards in the name of Yetzer & Applegate. The business of the firm was buying and slaughtering hogs, and packing the product at a packing-house at Atlantic, in Cass county.

George Carson, Judge. This is an action in equity by which the plaintiff demands a decree canceling a deed for a farm made by the defendant, Susan Light, to the defendant, E. H. Light, and compelling the said Susan Light to convey an undivided one-half of said farm to the plaintiff.

— Hon. C. P. Couch, Judge. Action on two promissory notes. There was a judgment for the iilaintif£, from which the defendant appeals.

— Hon. A. W. Wilkinson, Judge. Action to recover the value of certain clothing and other property taken from a trunk which the plaintiff checked from Massillon, Ohio, to Knoxville, in this state, having purchased a railroad ticket for transportation between these points by a route including the defendant’s railroad. A judgment was rendered upon a verdict for the plaintiff. The defendant appeals.

Certiorari to Poile District Court. Certiorari to the district court of Polk county to review the legality of the action of that court in judging the petitioner guilty of contempt, in violating an injunction, and in entering a judgment that he pay a fine of five hundred dollars and costs, and that he be imprisoned in the j ail of the.county for one hundred and fifty days, unless the fine be paid.

— Hon. H. C. Traverse, Judge. Indictment for an assault with intent to commit murder. There-was a trial, and a verdict for an assault with intent to inflict great bodily injury. Prom a judgment imposing an imprisonment in the county,jail at hard labor for sis months and the payment of the costs, the defendant appeals.

- — Hon. S. M. Weaver, Judge. Action upon a promissory note. The defendant, after pleading more than one defense in his answer, failed to be present when the ease was called for trial, and, thereupon, a judgment was entered against him upon the note. A motion by the defendant to set aside the judgment, and permit a trial of the case on the merits, was overruled. From this ruling he appeals.'

Marcus Kavanagh, 'Judge. The defendant was indicted December M, 1889, for keeping a house of ill fame.; and, having been tried and convicted, and her motion for a new trial overruled on September 8, 1890, judgment that'she be imprisoned in the penitentiary at Anamosa for six months was entered; to all of which the defendant excepted, and from which she appeals.

— Hon. Henry Bank, Jr., Judge. This is an action in equity to foreclose a chattel mortgage upon certain personal property. There was a decree for the plaintiff, and the -defendant Bunker appeals.

— Hon. C. H. Lewis, Judge. Replevin to recover the possession of certain cattle. There was a verdict, and a judgment thereon, for the plaintiff. The defendant appeals.

— Hon. L. E. Fellows, Judge- Action in equity for the assignment of dower. From a decree for the. plaintiff, the defendant appeals.

<p>Assault: verdict: appeal.</p>

<p>Appeal from Pottawattamie District Court. — Hon. N. W. Macv, Judge.</p>

<p>Appeal from Ida District Court. — Hon. James H. Macomber, Judge.</p> <p>This is an action for an amount claimed to be due upon a written contract between the parties by which the plaintiffs sold to the defendant a stock of hardware and machinery. There was a demurrer to the petition, which was overruled. The defendant excepted to the ruling and stood upon his demurrer, and from a judgment rendered against hi? he appeals.</p>

— Hon. O. M. Waterman, Judge. Action in equity for an accounting and the specific performance of an agreement to convey real estate. There was a hearing on the merits, and a decree in favor of the plaintiff. The defendant appeals.

— Hon. G. M. Gilchrist, Judge. -Action against an incorporator and stockholder of a corporation to recover for a debt contracted by the corporation, on the ground that the provisions of the statute relating to the organization of corporations, and notice thereof, were not complied with. There was a judgment for the plaintiff, from which the defendant appeals.

— Hon. C. M. Waterman, Judge. The plaintiff was a judgment debtor, the head of a family, having a wife only, and the occupant of a homestead which was sold on special execution to satisfy a judgment lien thereon. After the satisfaction of the execution there remained in the hands of the sheriff, the defendant, a surplus which he applied in satisfaction of another execution in his hands against the plaintiff.

<p>Appeal from Des Moines District Court. — Hon. Charles II. Phelps, Judge.</p> <p>This is an action of replevin for one hundred and thirty-three hogs of beer. There was a trial by jury. At the close of the introduction of the evidence the defendant made a motion that the jury be instructed to return a verdiet for the defendant. This motion was overruled, and a motion of the plaintiff to instruct the jury to return a verdict for the plaintiff was sustained. The defendant appeals.</p>

— Hon. J. L. Stevens, Judge. Action to recover for personal injuries incurred from a fall caused by a defective sidewalk. There was a verdict and judgment for the plaintiff. ‘The defendant appeals.

— Hon. O. M. Waterman, Judge. Action to recover possession of a sorrel pony called “Dandy.” Each-party claims to be the absolute owner, and, as such, entitled to the immediate possession of- the pony. The case was tried to a jury, resulting in a verdict and judgment for the defendant. The plaintiff appeals..

— Hon. J. P. Connor, Judge. Action to foreclose a mortgage. The x>etition, in substance, shows that the defendant Herrold made to the plaintiff his note for two thousand dollars, secured by mortgage on four hundred acres of land; that three hundred and twenty acres of the land were x>urehased by Herrold of the defendant Early under a deed with covenants of warranty. Early’s title was adjudged void in a proceeding of Barke against Early, prior to the commencement of this suit.

<p>Appeal: record : error.</p>