Volume 84 — Iowa Reports

— Hon. D. E. Hindman, Judge. Action in equity to set aside certain deeds of conveyance, and to require the defendant John Q. Adams, as sheriff, to execute a deed for the lands described to the plaintiff. A decree was entered dismissing the plaintiff’s petition, from which he appeals.

.Appeal from Monona District Court. — Hon. 0. H. Lewis, Judge. Action in equity to enjoin proceedings under certain executions and attachments affecting real estate, and to adjudge such proceedings of no force or effect against the lands in question. The action was commenced at the June, 1887, term of the court, and a temporary writ of injunction issued.

— Hon. Marcus Kavanagh, Jr., Judge. Action upon a written instrument known as a “paving certificate,” issued by authority of the council oí the city of Des Moines on account of paving a street in front of certain lots owned by the defendants. There was a hearing by the court, and a judgment for the plaintiff, and a decree making said judgment a lien upon the said lots. The defendants appeal.

<p>Judgment: lien: equitable title. A judgment will not attach, as a lien upon real estate, the legal title to which is held hy the judgment-debtor merely in trust for one who has entered into possession thereof under an oral contract of sale.</p>

— Hon. N. W. Macy, Judge. ActioN in chancery to set aside a sheriff’s sale of a town lot occupied by plaintiff as a homestead, and to-declare the plaintiff’s homestead right superior to the-defendant’s title under the sheriff’s sale. Upon a trial on the merits there was a decree granting the relief' prayed for in the plaintiff’s petition. The defendant, appeals.

— Hon. D. J. Lenehan, Judge. AotioN to recover, damages to the plaintiff’s lots, alleged to have resulted from the construction and maintenance of a street crossing above the defendant’s railroad track. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals..

— Hon. Lot Thomas, Judge. This is a proceeding for the appropriation of money in the hands of a garnishee; There was a trial by jury, and a verdict and judgment in favor of the intervenor. The plaintiff appeals.

— Hon. E. E. Aylesworth, Judge. Action to recover fees alleged to have been earned by the plaintiff as city marshal in criminal cases. A demurrer to the petition was overruled, and, the defendant refusing to plead further, judgment was rendered in favor of the plaintiff for the amount of his claim. The defendant appeals.

— Hoh. A. B. Ti-io'BNELLj Judge. Action to recover an amount alleged to be due on a promissory note. There was a trial by the court without the aid of a jury, which resulted in a judgment in favor of the plaintiff:. The defendants appeal.

— Hon. C. J. Couch, Judge. The action was brought at law on a promissory, note, hut transferred to equity. A’cross bill was filed by the defendants, Hoover & Hoover, against the defendants, Craig & Adams, which was dismissed. A judgment on the note was rendered against all the defendants. An appeal was taken by Hoover '& Hoover from the order dismissing,the cross bill. • No appeal was taken from the judgment on the note.

<p>Appeal from, Carroll District Court. — Hon. J. H. Macombeb, Judge.</p> <p>Action for slander. There was a verdict and. judgment for the defendant. The plaintiff appeals..</p>

— Hon. L. Gr. Kinne, Judge. Action to recover the amount due on a promissory note. A trial by jury resulted in a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. J. H. Pbeston, Judge. Pboceedings for the allowance of a claim on account of a promissory note against the,estate of John Stewart, deceased. After hearing the evidence submitted, the claim was disallowed by the court, and the plaintiff appeals.

— Hon. G-eorge W. Buddick and John C. Si-ierwin, Judges. Action in chancery for the settlement of a partnership. There was a judgment for the plaintiff. The defendant appeals.

— Hon. G-eorge, Carson, Judge. Action to recover damages alleged to have been caused to the plaintiff’s property by a change in tho established grade of one of the defendant’s streets. There was a trial,by a jury and verdict and judgment for the defendant. The plaintiff appeals.

— HoN. C. H.. Phelps, Judge. Action in chancery for the abatement of a-, nuisance, caused by the obstruction of a roadway, and to enjoin the maintenance of the same. Partial relief was granted the plaintiff. Both parties appeal, the defendant first, and he is, therefore, designated as-the appellant.

— Hon. W. F. Conrad, Judge. AotioN to recover for personal injuries sustained 'by the plaintiff by reason of a locomotive, operated by the defendant, striking him when he was crossing on foot the railroad whereon the engine was running. There was a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. Geoege W. Ruddioe, Judge. The defendant was indicted, tried and convicted for keeping and maintaining a nuisance by the sale of intoxicating liquors, and he appeals.

— Hon. L. O. Hatch, Judge. The defendant was indicted, tried, and convicted of the crime of uttering and publishing as true a certain false, forged, and counterfeit promissory note; he then and there knowing the same to be false, forged, and counterfeit. His motion for new trial being overruled, judgment of imprisonment in the penitentiary was pronounced against him, from which judgment he appeals.

— Hem. Scott M. Ladd, Judge. The defendant was charged by indictment with the crime of murder, and on trial was convicted of the crime of manslaughter. He was adjudged to be imprisoned in the penitentiary at Ft. Madison for the term of two years and six months, and from that judgment he appeals.

— Hon. Lot Thomas, Judge. Action upon a policy of insurance. There was a verdict and judgment for the plaintiffs, from which the defendant appeals.

— Hon. O. B. Ayres, Judge. Action to recover for the value of certain property destroyed by fire set out by an engine operated upon the defendant’s railroad. There was a verdict and judgment for the plaintiff, from which the defendant appeals.

— Hon. C. H. Lewis, Judge. Action upon a contract for the purchase of eight copies of a hook called “Yaggy’s Anatomical Study.” A demurrer to the petition was sustained, and judgment rendered thereon. The plaintiff appeals.

— Hon. D. Ryan, Judge. Action in chancery to enjoin the defendant from maintaining a dam or obstruction to the flow of water. erected by Mm across a ditch in a swale' leading from the plaintiff’s land through that of the defendant. Upon a trial on the merits there was a decree granting the relief sought in the plaintiff’s petition. The defendant appeals.

-Hon. John C, Sherwin, Judge. Action upon an account and a promissory note. There was a verdict and judgment for the plaintiff. The defendant appeals.

<p>Appeal from Gass District Court. — Hon. A. B. Thornell, Judge.</p> <p>Actiok -upon a promissory note. There was a ■judgment on a verdict for the defendants. The plaintiff ■appeals.</p>

— Hon. J. L. Stevens, Judge. ■ Action in chancery for a divorce and alimony. There was a decree granting the relief prayed for by the plaintiff. The defendant appeals.

B. C. Henby, Judge. Action to recover for loss incurred by the destruction of property of the plaintiff by fire set out upon his farm by an engine operated upon the defendant’s railroad. The defendant appeals.

— Hon. Dell Stewart, Judge. Action upon a policy of insurance. There was a verdict and judgment for the plaintiff.' The defendant appeals.

— Hon. H. E. Deemer,, Judge. Action in chancery to enjoin and restrain the collection and enforcement of a decree and a personal judgment against the plaintiff, rendered in an action to-foreclose a mortgage upon her homestead.

— Hon. D. Ryan, Judge. Action in mandamus to compel the defendant to restore the plaintiff’s name to its roll of members. . A demurrer to the petition was sustained, and, the plaintiff refusing to further amend his pleading, judgment was rendered for the defendant. . The plaintiff appeals.

— Hon. George W. Wakefield, Judge.- Certiorari to review the proceedings of the board of supervisors of Monona county to repair, deepen, and improve a county ditch, and to assess the cost thereof upon landowners along and in the vicinity of the ditch. A demurrer to the plaintiffs’ petition was sustained, and from that ruling they appeal.

— Hon. W. A. Hoyt, Judge. The defendant was indicted on the complaint of his wife, Anna Henderson, for the crime of adultery with one Stena A. Henderson, an unmarried female, not his wife. Trial was had, and a verdict of guilty returned. The defendant’s motion for new trial being overruled, judgment of imprisonment was entered upon the verdict, from which judgment the defendant appeals.

District Cowrt. — Hon. D. J. Lenehan, Judge. This is a certiorari proceeding to test the validity of an order admitting to bail a person adjudged to be guilty of a contempt of court.

— Hon. L. Gk Kinne,, Judge. The defendant was charged by indictment with the-crime of uttering and publishing as true, with intent to defraud, a forged instrument of writing. A demurrer-to the indictment was sustained, and the defendant was. released. The state appeals.

— Hon. John W. Harvey, Judge. The defendant was indicted and convicted for an assault with, intent to commit murder. He now-appeals to this court.

— Hon. L. G-. Kinne, Judge. This indictment was found September 6,1890, and charges the defendant with having, on or about the fifteenth of September, 1889, seduced, debauched and carnally known one Louisa Mealhouse, then an unmarried female of previous chaste character. A verdict of guilty was returned against the defendant, and, his motion for a new trial being overruled, judgment was entered upon the verdict, from which he appeals.

— Hon. John J. Ney, Judge. Action upon a promissory note. The cause was tried without a jury, and judgment was rendered for the plaintiff. The defendant appeals.

— Hon. W. F. Conrad, Judge. Action to recover for personal injuries sustained by the plaintiff by being thrown from a hose cart, upon which, in the discharge of his duty as a fireman, he was riding at the time; the accident being caused by the negligence of the defendant in permitting the rails ■of a street railway to project above the surface of the street. A demurrer to the defendant’s answer was sustained.

— Hon. Marcus Kavanagh, Judge. Action to recover on the ground of the defendant’s failure to forward a telegram pursuant to request of the plaintiff and agreement of the defendant. There was a verdict and judgment for the defendant. The plaintiff appeals.

— Hon. Challes A. Bishop, Judge. Action originally brought before a justice 'of the peace upon two promissory notes. There was an appeal to the district court, and a judgment therein on a verdict for the plaintiff rendered under direction of the court. The defendant appeals.

— Hon. John J. Ney, Judge. Action to foreclose a mortgage given to secure the payment of alimony according to the terms of a certain bond and decree. The facts necessary to be noticed appear in the opinion. A decree was entered for the plaintiff. The defendant appeals.

— Hon. S. M. Weaver, Judge. April 13, 1888, the defendants Cain & Hyde were a co-partnership consisting of James Cain and Michael Hyde, and were indebted to the plaintiff in the sum of seven hundred and ninety-six dollars and thirty-eight cents upon their note, with the accumulated interest thereon from October 4,1887. It appears that said firm was also indebted to Kinney and others.

— Hon. Soott M. Ladd, Judge. The defendant was indicted for murder in the first degree. He was tried upon the indictment, and convicted of the crime of manslaughter, and sentenced to imprisonment in the penitentiary for eight years, from which sentence and judgment he appeals.

— Hon. John C. Sherwin, Judge. The defendant appeals from a judgment of conviction upon an indictment for keeping and maintaining a nuisance by carrying on the unlawful sale^of intoxicating liquors in a certain building in the city of Osage.

— Hon. C. M. Waterman, Judge. Action for divorce on the ground of desertion.

—Hon. C. H. Lewis, Judge. Action in equity to recover for an amount of money paid by tbe plaintiffs as sureties for tbe assignors of tbe defendant. On tbe final bearing tbe petition was dismissed. The plaintiffs, Gr. B. Cadwell, Addison Youngs and Charles F. Lnce, appeal.

— Hon. G-eoboe W. Wakefield, Judge. This is an action upon a written contract for tlie price therein named for keeping and feeding certain cattle by the plaintiff for the defendant, and for the value of four hundred and thirty bushels of corn, fed by the plaintiff to said cattle. There was a trial by jury, resulting in a verdict and „ judgment for the plaintiff. The defendant appeals.

— Hon. Lot Thomas, Judge. Proceedings under sections 4508-4510 of the Code to establish the corners of section 17, township 97, range 3.6 W., fifth P. M., Iowa. Frank L. Easley and J. A. Smith were, with the consent of the parties, appointed commissioners, and, having made survey and taken testimony, made a joint report to the court, to which each added a supplemental report.

— Hon. Q-. W. Wakefield, Judge. Action to recover for the use and occupation of certain land. The defendant denies generally the allegations of the petition, and avers that he rented the land of one Palen, and that the plaintiff had no right, title or interest in the land.

<p>1. Fraudulent Conveyances: action to set aside: attack on judgment. In. an action by a judgment creditor to set aside a conveyance of property by Ms debtor as having been mad? to hinder and delay creditors, the validity of the indebtedness upon which the plaintiffs’ judgment is based cannot be determined.</p> <p>2. -: transactions between husband and wife: consideration: validity. The consideration of one dollar, and of love and affection, and of an agreement for future support, is not sufficient to sustain a conveyance from a husband to his wife of about four hundred acres of land and a large amount of personal property, as against existing creditors of the grantor, nor is the value of such consideration increased by proof that about thirty-seven years before the wife acquired personal property of the value of about four hundred dollars, and that about eleven years prior thereto acquired other personal property of small value, when it does not appear that any considerable portion of such property was ever taken and used by the husband.</p> <p>3. -: -: hindering and delaying creditors: evidence. The grantee testified that knowing of a suit pending against her husband for a great deal of money, and that there were other claims, she told her husband that it looked as though she “would be left with nothing at all,” and that he then said he had been willing to make it right, and ought to make her secure. Seld, that the evidence showed that the reason for making the conveyance was to hinder and delay the creditors of the grantor.</p>

— Hon. GS-eorge. W. Wakefield, Judge. This is an appeal by the defendants from an order of the district court appointing a receiver to take possession of certain lands, and to rent the same, and collect the rents and profits arising therefrom, and retain the same until the further order of the court.—

— Hon. J. K. Johnson, Judge. Action on a policy of insurance. A demurrer to-the reply was sustained, and judgment rendered in favor of the defendant for costs. The plaintiff appeals..

— Hon. H. C. Traverse, Judge. Action in equity to enjoin the defendant, as treasurer of Davis county, from collecting a certain tax levied upon the taxable property within the limits of the incorporated town of Bloomfield, under a certain ordinance passed by the council of said town. The answer admits all the allegations of the petition, but denies that the plaintiff is entitled to any relief because of said facts.

<p>1. Appeal: waiver cot: acceptance op payment of judgment. Where-the amount for which a mortgagee was entitled to a decree in a suit to foreclose his mortgage depended to some extent upon the credits: which should he allowed for rents collected hy a trustee, and upon decree being rendered the mortgagee caused execution to issue, and. the mortgaged premises were sold for an amount sufficient to satisfy the judgment, held, that the right of the mortgagee to further contest the correctness of the amount of his recovery hy an appeal to the supreme court was waived.</p> <p>2. Judgment: assignment in pavor of surety: validity. Where a husband advanced money to his wife for the purpose of procuring - an assignment to her of a judgment against himself as surety, and ' subsequently under execution and sale had under said judgment the wife obtained sheriff’s deeds to certain real estate, held, that the assignment and deeds were valid. ,</p> <p>3. -: assignment of rents and profits in land: priority of liens. Before said judgment was rendered', the owner of the lands sold under execution thereon had, by an agreement duly acknowledged and recorded, assigned, turned over and transferred to one as-trustee for the mortgagee of said property, “all his right, title and interest in and to the possession and rents” of said property for the purpose of protecting the mortgage security, and decreasing the-amount of the mortgages against the same. Held, that the purchaser at said execution sale, upon acquiring a sheriff’s deed, was not entitled, to the possession of said premises, nor to the rents and profits thereof, as against the mortgagee or his assigns, until said mortgage had been, satisfied.</p> <p>4. -: -: -. The assignment of the rents and profits-above referred to provided that the same should be applied by the trustee to paying off the notes which matured first under the terms of' said mortgage. B.eld, that one who had taken an assignment of the three notes first maturing, under .an agreement that he would hold the-same as junior and inferior to the lien of all the other notes secured by said mortgage, was not entitled to have said rents first applied to-the payment of his notes.</p> <p>5. Practice in Supreme Court: disputing record. Where the record in the supreme court shows that an appeal has been taken, the denial of such fact in argument by the appellee will not avail to raise-the question of the jurisdiction of the court.</p> <p>6. Mortgage: release: damage to holder oe notes. Where a mortgagee, after assignment of a part of the notes secured hy his mortgage, without the knowledge of the assignee of said notes, released a part of the mortgaged premises in consideration of the payment hy the mortgagor of a part of the mortgage indebtedness, and applied the sum so received upon the notes held hy him, held, that the mortgagee was liable to said assignee for the difference between the value of the property released and the amount paid by the mortgagor, to the extent that such sum might he necessary to satisfy the notes held by the assignee after exhausting his other security.</p>

— Hon. 0. H. Lewis, Judge. The plaintiff bank is the owner of tbe east forty-eight feet of lot number 24, in block number 8, in Sheldon, Iowa. The defendant is the owner of lots numbers 21, 22, 23, and the remainder of lot number 24 in said block. In 1888 the plaintiff erected a building covering the entire portion of lot number 24 owned by it.

— Hon. C. IE Lewis, Judge. The defendant is an assessment insurance company. Tlie plaintiff and John G-arbutt held a benefit-certificate in said company. John Garbutt died on the-eighth day of March, 1887. This is an action in equity by which the plaintiff seeks to compel the defendant to-mate an assessment on its members to pay said death loss. The defendant filed an answer, to which the plaintiff demurred. The demurrer was overruled.

<p>Damages: breach of contract: pleading: evidence. In an action by a tenant against liis landlord to recover damages for permitting the premises to be flooded with, water, whereby the plaintiff’s goods were damaged, the petition alleged that, in consideration of the compromise of a prior claim of the plaintiff from the same canse, the defendant agreed to remove the cause of said overflow, and in case he failed to do so he would pay the plaintiff all damages resultin therefrom in the future; that the defendant had failed to remove the water pipes causing said flooding, and that in consequence the plaintiff had been damaged in a sum named. BCelcl, that the claim for damages as stated in the petition was based upon contract, and that evidence designed to establish a right of recovery for the torts of the defendant was properly excluded.</p>

— Hon. Scott M. Ladd, Judge. On September 5, 1889, the plaintiffs ’ filed tbeir petition in equity against William Wegener and others named, children and heirs at law of Frederick Wegener, deceased, George W. Wilson and Michael Doctor, executors, and W. Gr. Marcne and Mrs. W. Gr.

— Hon. W. P. Conrad, Judge. This is an action at law to recover damages by reason of alleged wrongs done to the plaintiff in keeping him in an unhealthy, filthy, and unventilated and improperly constructed jail in said county. There was a demurrer to the petition, which was sustained, and plaintiff appeals. A county is liable for a tort, and can he made to •answer in damages for a tort when the injury complained ■of is a personal injury. May v. County of Mercer, 30 Fed.

— Hon. Dell Stuart, Judge. Action to recover damages for personal injuries alleged to have been caused by negligence on the part of the defendant. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

-Appeal from Polk District Court. — Hon. Maecus Kavanagh, Judge. Action to foreclose a mortgage. There was a decree for the plaintiff, from which defendant Knudtson appeals.

— Hon. Charles A. Bishop, Judge. Action to recover damages resulting from personal injuries alleged to have been received in consequence of negligence on tbe part of tbe defendant. There was a trial by jury, and a verdict and judgment in favor of tbe plaintiff for one thousand dollars and costs. The defendant appeals.

— Hon. Gr. W. Wakefield, Judge. The defendant was, in 1877, by the commissioners of insanity of the plaintiff county by regular proceedings adjudged insane, and committed to the insane asylum at Mt. Pleasant, where he remained until September, 1888. The expenses of the investigation, commitment and care amounted to the sum of two hundred six dollars and forty-eight cents, all of which was duly paid by the plaintiff, an itemized statement thereof appearing in the petition.

— Hon. C. D. Leggett, Judge. The plaintiff commenced this action to recover damages sustained by a personal injury received by 'a collision with a train of cars at a public road crossing about one half mile from Eddyville, The defendant answered by a general denial. The cause was tried to a jury. The plaintiff introduced his evidence; and the defendant, without offering any evidence, moved the court to instruct the jury to return a verdict for the defendant.

— Hon. E. L. Burton, Judge. Appeal from orders in hateas corpus proceedings made by Hon. E. L. Burton, judge of the second judicial district, at chambers in Ottumwa, Wapello county, releasing the plaintiff from custody of the defendant, as sheriff of Mahaska county, in the sixth judicial district, the plaintiff being held under judgments of the district court of Mahaska county,' and writs of commitment issued thereon. The defendant appeals,

— Hon. D. Ryan Judge. Action in equity to restrain the defendants from interfering with a certain hedge and certain trees and from cutting a ditch in front of the premises of the plaintiff, and for general equitable relief. From a decree in favor of the plaintiff, the defendants appeal.

.Appeal from Iracas District Court. — Hón. Charles D. Leggett, Judge. Action to secure the probate of the will of Permelia Reynolds, deceased. The trial resulted in an ‘Order for probate, which being set aside and a* new trial granted, the plaintiff appeals.

<p>Fire Insurance: conditions of policy as to additionalinstjbanoe: waiver. Where a policy of insurance against fire provided that the policy should become void in the event of the assured contracting additional insurance without the written consent of the company, and, in making proofs of loss thereunder, the assured stated that there was concurrent other insurance upon the property to the amount of twenty-four thousand dollars, as specified in a schedule attached, the company having consented to only eighteen thousand additional insurance, and thereafter the company required the assured, at 'an expense of twenty-five dollars, to file additional proofs, “giving copies of the written portions of all policies,” as provided by the policy in question, and sent its agent to adjust the loss; held, that the assured having represented in the proofs of loss, notwithstanding the statement of the amount of additional insurance therein, that nothing had been dono to violate the conditions of the policy or render it void, the subsequent action of the company did not have the effect of a waiver of the condition of the policy as to additional insurance.</p>

— Hon. A. W. Wilkinson, Judge. . Action in equity for a judgment on a promissory note, and for the foreclosure of a chattel mortgage given to secure the payment of the note. There was a defense of usury. It was determined that the claim of usury was not established by the evidence, and a judgment and decree were entered for the plaintiff, as prayed in the petition. The defendant appeals.

— Hon D. E. Hindman, Judge. Appeal from an order appointing a guardian. The appellant having been appointed by the clerk of the district court guardian of the person and property of Fleta Thomas, a minor aged three years, the appel-lees filed their petition, under section 14, chapter 134, of Acts of the Twenty-First Greneral Assembly, asking the court to review the action of the clerk to set aside said appointment, a,nd to appoint one of them or some other suitable person.

— Hon. J. K,. Johnson, Judge. This is an action for a decree foreclosing a lien upon certain real estate, and ordering a sale to pay the-amount found to be due. Tbe defendant resisted tbe claim made in a substituted petition by a motion to strike tbe same from tbe files, and by a demurrer, both of wbicb were overruled, and a decree entered for tbe-plaintiff.

— Hon. D. Byan, Judge. Action in equity to restrain tbe defendant from selling or otherwise disposing of certain personal property owned by tbe ward of the plaintiff. A decree was rendered in favor of the plaintiff, from which tbe defendant appeals.

<p>1. Collateral Securities: negligence or pledgee: counterclaim. In an action upon a promissory note, brought by the payee, the defendant may, without previous payment or tender of the amount due thereon, set up a counterclaim against the plaintiff for losses sustained "by the defendant^ through the negligence of the payee, upon collateral securities pledged for the payment of said note.</p> <p>2. -: -:-. Where collateral securities pledged for the payment of a promissory note consisted of tax sale certificates and promissory notes, held, that the neglect of the pledgee to collect money paid to the county auditor in redemption from the tax sales represented by said certificates, or to commence action upon the notes •until the same had become barred by the statute of limitations, was ■such negligence as to render the pledgee liable to the pledgor for' the value of the securities pledged.</p> <p>3. -: —: —. Such liability is not affected, by the fact. that the maker of the notes pledged as collateral may, when sued, thereon, waive the bar of the statute.</p>

.Appeal from Dallas District Court. — Hon. 0. B. Ayres, Judge. Action on a beneficiary certificate issued by the 'defendant grand lodge to one Lawrence E. Maulsby, -who was a member of tbe order, witb tbe plain tiff.named ••as beneficiary therein.

— Hon. S. H. Fairall, Judge. Elizabeth Hunter was the wife of Adam Hunter, who died testate in December, 1876, leaving surviving him seven children, and Elizabeth as widow. The will was duly admitted to probate, administration granted, final settlement made and executor discharged in 1879. The will gave to the widow, among other bequests, a life estate in a tract of land known as the Home Farm,” with Lemuel Hunter, a sou, as residuary devisee.

— Hon. L. 0. Hatch,. Judge. This is a suit in equity, by which it is sought to enjoin the defendant from maintaining a nuisance by the sale .of intoxicating liquors in a building on an island in the Mississippi river. There was a demurrer-to the petition, which was sustained, and the plaintiff appeals.

— Hon. S. H. Faiball, Judge. This is a suit iu equity by which the plaintiff seeks to eujoiu and prevent the defendant, who is a road supervisor, from removing a fence and other obstructions on and near the lines of the plaintiff’s farm; the claim of the defendant being that said fence and obstructions are in a public highway. There was a temporary injunction issued, and upon a full hearing on the merits the injunction was dissolved, and the petition dismissed.

— Hon. Soott M. Ladd, Judge. Action to test the right of the defendant to hold the office of school director. There was a trial on the merits, and a judgment in favor of the defendant.

— Hon. L. 0. Hatch, Jndge. Appeal by A. Chapin upon a certificate of the trial judge as follows: “Finding of facts and certificate of questions involved: Motion of Charles Stoddard for order requiring the clerk to pay to him the money in his hands paid in satisfaction of the judgment in the above-entitled cause. The court finds the following facts: First. On the seventh day of June, 1887, the plaintiff assigned this judgment to said Charles Stoddard. Second.

— Hon. D. Ryan,, Judge. This is a proceeding for the correction of an assessment of property, alleged to be erroneous. From a. judgment rendered in favor of the plaintiff, the defendant appeals.

— Hon. D. Ryan, Judge. Action commenced before a justice of the peace on an account, aided by attachment. The defendant filed a motion to discharge the attached property as exempt from execution to the defendant as the head of a family. Evidence, both in support and resistance of the motion, was introduced. The justice at the trial gave judgment for the plaintiff on his account for eighty-four dollars, and overruled the motion to dismiss the attachment..

— Hon. C. F. Cough, Judge. Action in equity by which the plaintiff seeks to-recover judgment against the defendants upon certain money demands, and to subject certain chattel property to the payment of the judgment. There was a full hearing on the merits, which resulted in the dismissal of the petition. The plaintiff appeals.

— Hon. S. M.. Weaver, Judge. _ Action in equity to enforce certain orders of the board of railway commissioners for the rebuilding of a line of road into the city of Ft. Dodge, and the operation of trains into the city.

— Hon. A. Howat, Judge. Action at law to recover damages for alleged trespass upon real estate. There was a trial by jury, and a verdict and judgment in favor of the defendant. The plaintiff appeals.

— Hon. D. J. • Linehan, Judge. ACTION to recover damages for injuries alleged to have been caused by negligence on the part of the defendant. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant-appeals.

— Hon. Lot Thomas, Judge. The plaintiff leased to the defendant, by contract in writing, a farm in Palo Alto county, for three years, commencing March 1, 1889, at an agreed price of three hundred dollars per annum, payable semi-annually. By the terms of the lease the defendant was to protect the farm from damage by fire, the growth of noxious weeds, etc., and to haul and spread the manure accumulated thereon.

— Hon. J. H. Preston, Judge. The plaintiff, claiming to own the southwest quarter of the northeast quarter of the northwest quarter of section 36, township 83 N., of range 7 W., fifth P. M., Linn county, Iowa, by warranty deed from John M. Curless, brought this action to enjoin the defendant Barnhill, as treasurer of Linn county, from issuing, and the defendant company from receiving, a tax deed upon a certain tax certificate to William Stewart on a sale for the taxes of…

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

— Hon. John L. Stevens, Judge. Action at law to recover damages for an alleged malicious prosecution. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendants appeal.

— Hon. G-eobge W. Wakefield, Judge. Action to recover for personal injuries. The ease, as presented in. the pleadings, is in substance as follows: On September 5, 1889, the plaintiff filed bis petition against the Dubuque & Sioux City Bailway •Company, and afterwards by amended and substituted petition made the Cherokee & Dakota Bailway Company a party defendant.

— Hon. J. H. Hendeeson, Judge. The defendant was indicted for maliciously threatening to shoot and kill one O. P. Wright, with the intent thereby to procure the signature of said Wright, against his will, to certain promissory notes aggregating seventeen thousand dollars. He was convicted, and sentenced to be confined in the state penitentiary for the term of eighteen months. From this judgment he appeals.

— Hon. Scott M. Ladd, Judge. Action to recover for a personal injury. There was a judgment for plaintiff, and the defendant appeals.

— Hon. J. H. Preston, Judge. Actions in chancery to enj.oin and restrain the defendants from selling certain real estate on execution. The actions being substantially alike as to pleading and facts, they are submitted together on the same abstracts and arguments. The district court, upon a trial, dismissed the petitions, and the .plaintiffs appeal.

— Hon. S. M. Weaver, Judge. Action to recover an amount alleged to be due on a promissory note. There was a trial by jury and a verdict and judgment in favor of the defendant. The plaintiff appeals.

— Hon. A. B. Thornell, Judge. The plaintiff and J. W. Winslow? in Ms lifetime, were each the owner of an undivided one half of lot number 5 in block number 28 in the city of Atlantic.

— Hon. S. M„ Weaver, Judge. Action at law to recover a strip of land in the south part and along tbe south line of a government subdivision of forty acres of land. The defendant is the owner of the land which bounds the said forty-acre tract on the south. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. Charles H. Phelps, Judge. Appeal by the plaintiff from a judgment sustaining the defendants’ motion to strike the plaintiff’s amended and substituted petition and amendment thereto, and dismissing the action at the plaintiff’s-cost in default of further pleading.

— Hon. J. E. E. MoG-ee, Judge. Action on a contract in substance as follows: “April 12, 1889. “D. Chapmcm, Esq., Comcil Bluffs, Iowa. • ‘ ‘Dear Sir : —We will furnish you one of our Scotch-marine boilers, — 54 dia., 84 long, made of 60,000 T. S. marine steel shells, 5-16: * * * all the above delivered and set up (you to do all woodwork), — for the sum of one thousand and twenty-three dollars ($1,023.00-).

— Hon. D. B. Hindman, Judge. Action at law upon the bond of the defendant Elseffer, who is treasurer of Franklin county. There was a demurrer to the answer, which was overruled, and the plaintiff appeals. The facts appear in the opinion.

— Hon. D. E. Hindman, Judge. Action at law on a policy of insurance to recover the value of property destroyed by fire. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

<p>Appeal from Johnson District Cowrt. — Hon. S. H. Fairall, Judge.</p> <p>Indictment for seduction. At the close of the evidence for the state the court, on motion for the defendant, directed a verdict in his favor, and from a judgment for costs against the state it appeals.—</p>

— Hon. R. C. Henry,. Judge. Action in equity to set aside a judgment, and to permit the plaintiff to appear and defend, and to set aside a sheriff’s' deed made to the defendant for certain lands sold under execution upon said judgment. A decree was entered, setting aside the judgment and sheriff’s sale and deed-, and confirming title to the land in the plaintiff and for costs against the defendant. The defendant appeals.

— Hon. N. W. Macy,. Judge. Action at law upon a promissory note and account.. An attachment was issued, and two mules, which were found in the possession of Rafferty the defendant were-attached as his property. Patrick White intervened, and claimed that he was the owner of the mules. The right of property in the mules was tried to a jury, and there was a verdict for the plaintiff. The intervenor appeals.

Certiorari proceeding to determine the legality of an order made by the defendant, as judge of the-district court of the state of Iowa, in and for the fourth, judicial district, for the punishment of an alleged, contempt of court.

<p>Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge.</p> <p>Action 'upon an account, aided by an attachment. There was a judgment for the plaintiff, and the inter-venor appeals.</p>

— Hon. G-eoroe Carson, Judge. Action in equity to restrain the sale of certain property on execution. There was a- hearing on the merits, and a decree in favor of the plaintiff. The defendants appeal.

— Hon. J. H. Macomber, Judge. Action to recover the avails of certain promissory notes. Judgment for the defendant and the plaintiff a appeal.

— Hon. J. P. Connor, Judge. Action in chancery to set aside and annul a sheriff’s sale of certain real estate. There was a full hearing on the merits, and a decree for the plaintiff. The defendants appeal.

— Hon. Charles A. Bishop, Judge. Action on a promissory note. There was a judgment for the plaintiff, and the defendants, J. F. and E. B. Mason, appeal.

— Hon. L. 0. Hatch, Judge. Action in equity to restrain the collection of a judgment. After a hearing on the merits, the petition of the plaintiffs was dismissed, and they appeal.

<p>Appeal from Shelby District Court. — HoN. G-eorge CARSON, Judge.</p> <p>This is an action to recover the possession of specific personal property. The cause was tried to a jury and resulted in a verdict and judgment in favor of the defendant. The plaintiff appeals.</p>

— Hon. J. H. Hendebson, Judge. The defendants’ demurrer to the plaintiffs’ petition and amendments being sustained, the plaintiffs elected to stand upon their petition, whereupon judgment was entered against them for costs, from which they appeal.

<p>Appeal: jurisdiction. The certificate of the district court upon appeals to the supreme court, in cases involving less than one hundred dollars, must show upon its face that the questions certified for determination upon the appeal are involved in the case. In the . absence of such showing the court will not examine the record to learn such fact, hut will dismiss the appeal for want of jurisdiction.</p>

— Hon. G-eoege H. Cake, Judge. This is an appeal from .an order of the district court dismissing an appeal from the board of supervisors of Kossuth county. The plaintiffs were appellants in the court below, and they appeal to this court.

— Hon. Josiah Given, Judge. In 1875 the plaintiffs, four in number, in their own behalf, and for the benefit of divers other persons,… Held: occupied and used the said lots for its freight depot, side tracks, switches, etc., in and about the operations of its said road.” Then follow other allegations as to the value of the lots conveyed; that the defendant company in the transaction contrived to cheat and defraud the plaintiff; that it has commenced to ■construct its…

— Hon. J. L. Stevens, Judge. The plaintiff, and the defendant are owners of adjoining lots in the town of Eagle Grove Junction.

— Hon. J. H. Maoomber, Judge. This proceeding grows out of the failure of the hoard of supervisors of Sac county to select a newspaper published by plaintiff as one of the official papers of the county. An appeal was taken from the action of the board, and a trial in the district court resulted in a judgment awarding to the plaintiff the county printing as against the defendant Hamilton. One third of the costs were taxed to the plaintiff.

Appeal fr.om Linn District Cotirt. — Hon. J. D. G-iffen, Judge. Action in equity to restrain the sale of certain real estate on execution. From a decree in favor of the plaintiff and intervenor, o the defendant, Eosina Hoblitcel, appeals.

<p>Appeal 'from, Polk District Court. — Hon. Charles A, Bishop, Judge.'</p> <p>This is an appeal from an order overruling a motion of the defendant Callender for judgment against the plaintiff for certain costs for which it is claimed the plaintiff is liable. . The court denied the right to recover the costs, on the ground that the claim therefor was barred by the statute of limitations. D. F. Callender appeals.</p>

— Hon, S. H. Fairall, Judge. Action to recover damages upon three alleged causes, namely: For removing the plank of, and making too narrow, and for failing to maintain, what is designated in the testimony as the “East Crossing” on the plaintiff’s farm; for tearing up and destroying what is known as the “West Crossing” on said farm; for removing a five-board fence inclosing the right of way of defendant’s road through the plaintiff’s farm, and for failing to maintain the same.

<p>Taxation: assessment: estoppel. Consent Toy a taxpayer to an assessment in a specified sum will estop liim from afterwards complaining of such assessment as too high.</p>

— Hon. James D. Grip fen, Judge. Action in equity to enjoin the collection of, and to cancel, a judgment entered on an account in the circuit court of Jones county, Iowa, against this plaintiff, on default of appearance, at the March term, 1873, in a case wherein H. GL Beel & Co. were, plaintiffs, and W. H. Ireland and this plaintiff were defendants, of which judgment the appellant Weaver is the assignee.

C. M. Waterman, Judge. The plaintiffs bring this action to recover compensation for services rendered by them as attorneys in defending a certain action in equity in the United States circuit court, northern district of Iowa, wherein the Milwaukee & St. Paul Railway Company sought to restrain Jackson county and the town of Sabula, as defendants, from assessing and collecting certain taxes.

— Hon. David Ryan, Judge. One 0. F. Yerstratten was indicted and convicted on his plea of guilty of the crime of nuisance, in keepiug and maintaining a place where intoxicating liquor was kept for sale and sold in Poweshiek county, contrary to law. The court in pursuance of the conviction imposed a fine of three hundred dollars, besides costs, against the defendant Verstratten, which fine and costs are still unpaid.

<p>1. Action on Lost Bond: pabol evidence. In an action upon a lost bail-bond, the sheriff of the county, who was present when the bond was executed, having testified that he examined the hond, and that to his hest recollection there was a day and an hour fixed therein for the appearance of the accused, hut that he did not then remember the same, was asked, “whether on the day and hour fixed he appeared before the magistrate.” JSeld, that an answer to the question was improperly excluded as incompetent, and as calling for a conclusion.</p> <p>2. -: forfeiture: effect of docket entry. The magistrate’s docket recited that at the preliminary hearing a continuance was granted the accused for two weeks, which did not expire until the next day after the forfeiture upon the "bond was declared. Seld, that if-the date the forfeiture was declared was the day fixed in'the bond for the appearance of the accused, the legality of the forfeiture would not be affected by the entry in the magistrate’s docket.</p> <p>3. --: -: evidence: directing of verdict. There being evi denee of the execution of the bond, and the amount thereof, and testimony from which the jury could have found that the recitals of the bond required the appearance of the accused upon a certain date, and that he made default, because of which a forfeiture was declared, held, that the court erred in directing a verdict against the plaintiff.</p>

— Hon. Charles A. Bishop, Judge. Action to recover an amount alleged to be due on a promissory note. There was a trial by jury and a verdict and judgment for the plaintiff. The defendants appeal.

— Hon. A. Wc Wilkinson, Judge. This is an action against the defendant, as sheriff of Dallas county, for damages in failing to perform his. duty in the matter of levying upon and holding certain money upon an execution issued on a judgment in favor of the plaintiff and against the Perry Agricultural Society. There was a demurrer to an amended petition, which was sustained, and the plaintiff appeals.

— IIon. Scott M. Ladd, Judge. Action at law to recover of the defendants the sum-of one thousand, seven hundred and sixty-five dollars upon an attachment bond. There was a trial by jury. The plaintiff introduced his evidence, and the court, on motion of the defendant, instructed the jury to return a verdict for the defendant, which was done, and a judgment was rendered thereon. The plaintiff appeals,.

— Hon. A. Howat, Judge. The plaintiff states as her cause of action “that on the eighth day of November, 1887, the said Peter Tierney, while walking west along the north side of Tenth avenue, in the city of Clinton, across one of the tracks of the defendant, and, while in the exercise of ordinary care, was killed, through the negligence of the defendant and its servants.

— Hon. John C. Shebwin, Judge. The plaintiff and the defendants are each owners of land abutting on Silver lake in Worth county. In the fall of 1886 the defendants erected across the outlet of said lake, on the land of G-under G-ulson, a dam of wood and earth, and the petition avers that because thereof the natural flow of the water from the lake has been prevented, resulting in the overflow of the plaintiff’s land.

— Hon. G-. W* Ruddick, Judge. Action to recover an amount alleged to be due on a promissory note. There was a trial by jury, and a verdict and judgment in favor of the defendant. The plaintiff appeals.

— Host. 0. F. Couch, Judge. .AotioN to recover for three colts killed by an engine and'train of cars operated by the servants of the defendant on its track, by reason of the unskillful, negligent, careless and defective construction of a gate by the defendant in its right-of-way fence at a private crossing, and by reason of said gate being of defective and nnsonnd material, in consequence of which the colts escaped from an adjoining pasture through said defective gate upon…

— Hon. J. K. Johnson, Judge. Action for an accounting, and to declare certain chattel mortgages junior to the plaintiffs’ attachment lien. The decree of the district court was such that Mary A. Leverton and C. W. Newton (of the defendants,) and the plaintiffs appealed.. In the disposition of the case,, the- defendants will he designated as appellants.

— Hon. R. C. . Henry, Judge. • Action in probate to establish a claim upon a promissory note. The claim was allowed, and the defendant appeals.

— Hon. J. H. Preston,. Judge. This is a creditor’s bill, by which the plaintiff’ seeks to subject certain real estate, the legal title to-which is in the defendant Elizabeth Hollis, to the payment of a judgment recovered by the plaintiff' against the defendant C. M. Hollis. There was a full hearing on the merits; and a decree for the plaintiff. The defendant Elizabeth Hollis appeals.

— Hon. W. F. Conrad, Judge. Action at law for damages alleged to have been sustained by the plaintiff by reason of a defective sidewalk on one of the streets of the city of Des Moines. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. C. H. Lewis, Judge. The above-entitled causes are proceedings in cer-tiorari by which the plaintiffs complained of orders made by Hon. C. H. Lewis, as district judge, by which the plaintiffs were held to be in contempt for violating injunctions restraining them from the unlawful sale of intoxicating liquors. Each of the plaintiffs was adjudged to pay a fine of five hundred dollars.— Argo, McDuffie & Argo, for plaintiff, Dennis Dwyer.

— Hon. G-eoege W. Wakefield, Judge. Action to recover damages on account of personal injuries alleged to have been “caused by the negligence of the defendant in building and having the roof of its depot dangerously and' negligently low, and allowing and building it so as it projected dangerously and negligently too close to cars passing.” At the conclusion of the introduction of testimony by the plaintiff, the defendant moved to dismiss tl\e action, which motion was…

— Hon. Q-. M. Gtlchrist, Judge. Action on a promissory note. The answer presents a denial of the genuineness of the signature. There was a judgment for the plaintiff, and the defendant, appeals.

— Hon. H. E. Deemer, Judge. March 4, 1882, the defendant, Henry Voorhies, was the owner of certain lands in Cass county, and on that day lie conveyed the same to his son, John N. Voorhies. November 3, 1883, John N. Voorhies conveyed the lands to Lncas A. Voorhies, a brother of Henry. April 11, 1885, Lncas A. Voorhies conveyed the lands to Martha E. Allen. Henry, John N. and Lncas A. Voorhies and Martha E. Allen are defendants in this suit.

— Hon. S. H. Fairall, Judge. Action to recover damages for an alleged seduction. From a verdict and judgment for the defendant, the plaintiff appeals. The facts appear in the opinion.

— Hon. George H. Cabe, Judge. Action aided by attachment to recover upon a promissory note executed by the plaintiff with, and as surety for, the defendant firm, Beckwith & De Groat; which note the plaintiff paid after maturity. The plaintiff asked attachment and judgment against the partnership of Beckwith & De Groat and the individual members thereof, M. J. Beckwith and Z.. De Groat.

'Appeal from Polk District Court. — Hon. Charles A. Bishop, Judge. Action upon a promissory note. The defense was a failure of consideration. There was a verdict and judgment for the plaintiff, from which the defendant appeals.

<p>Appeal from Polk District Court. — Hon. Maecus Kavanagi-i, Je., Judge.</p> <p>UPON EEHEAEING-.</p> <p>Action to enforce the specific performance of a ■contract of life insurance. A decree was entered for the plaintiff, from which both parties appeal. The defendant contends that the decree is erroneous in all particulars, and the plaintiff that it is erroneous in one respect hereafter mentioned.</p>

<p>Appeal from Cerro Gordo District Court. — ‘Hon. Gr. W. Ruddick and J. C. Sherwin, Judges.</p>