Volume 85 — Iowa Reports

— Hon. George W. Wakefield, Judge. The defendants were indicted npon a charge of feloniously, willfully and maliciously burning a barn, the property of one S. 0. King. The cause was tried to a jury, and the defendants were found guilty, and there was a judgment that they be imprisoned in the penitentiary for one year. The defendants appeal.—

— Hon. Charles H. Phelps, Judge. Action on a policy of insurance covering certain personal property. From a verdict for the plaintiff the defendant appeals.

— Hon. H. C. Traverse, Judge. This appeal is from an order requiring the .clerk of the district court to pay to the plaintiff certain money.

— Hon. J. L. Husted, Judge. Indictment charging the defendant with unlawfully and burglariously breaking and entering a certain dwelling house in the night time “with the intent then and there to commit a public offense, to-wit, the crime of adultery.” There was a demurrer to the indictment upon the ground that adultery is not a public offense. The demurrer was sustained, and the state appeals.

— Hon. J. L. Stevens, Judge. Action to recover of the defendant one hundred dollars license as an itinerant vender of drugs., under section 2532 of McClain’s Code. The case was submitted to the court upon an agreed statement of facts, and judgment entered against the defendant, from which he appeals, upon a certificate of the trial judge-as follows: “Certificate.

— Hon. Charles D. Leggett, Judge. The plaintiff commenced this action as administrator to recover damages of the defendant for' negligently causing the death of one Rollin Williams. There was a trial by jury, and a verdict and judgment for the plaintiff for three hundred dollars.. The plaintiff appeals.

<p>1. Criminal Law: speedy trial: continuance. The continuance of a criminal cause without objection, under a general order of court, from one term to another to convene about sixty days hence, after a trial at the former term resulting in a disagreement of the jury, will not entitle the defendant, under section 4614 of the Code, to a dismissal of the cause at the commencement of the term to which the same was continued.</p> <p>'2. Seduction: conflict oe evidence: verdict: appeal. The supreme court will not disturb the verdict of a jury upon the ground that it is not sustained by the evidence when the evidence is so conflicting as to be irreconcilable.</p> <p>■3. --: corroboration of prosecutrix. The provisions of section 4560 of the Code, requiring that the testimony of the prosecutrix in a criminal prosecution for seduction be corroborated by other evidence, are not complied with by the introduction of testimony by the prose-cutrix to corroborating circumstances, or to admissions made by the defendant.</p>

Cross Appeals from Linn District Court. — Hon. J. H. Preston, Judge. The city of Cedar Rapids, existing under special charter, filed application in due form to condemn certain tracts of land for a public park, one of which belongs to Ely E. Weare. Mr.- Weare, being served with notice, appeared and filed answer in five divisions or paragraphs, objecting to the condemnation of his land for reasons - stated.

— Hon. Charles H. Phelps, Judge. Action in equity to restrain the removal of personal property from premises leased of the plaintiffs by the defendant. From an order dissolving a temporary injunction issued to restrain such removal, the plaintiffs appeal.

Appeals from Lee District Court — Hon. J. M. Casey, Judge. The first cause stated is a proceeding to annul and set aside the appointment of the appellant as guardian of the minors Mary and Maggie Lally. The second is a suit in equity to annul and set aside the articles of adoption whereby James and Mary Sullivan, the appellants, hold possession of the minor Lizzie Lally.

<p>Malicious Mischief: injury to building: indictment: proof. Under an indictment charging the defendant with having injured and defaced a building in the town of V., “commonly known as National Hall, the property of Lodge Karal Jonas, number 122 of the Bohemian Slavonian Benevolent Society, a corporation duly organized under the laws of the state of Iowa,” held, that it was not necessary for the state to prove a record title to the building in question in the society named, -proof of possession by said society being sufficient.</p>

— Hon. R. C. Henry, Judge. L. B.Wilson was garnished, as a supposed creditor of L. S. Brooks, in two actions against Mm, in one of wMch the plaintiff was A. A. Henry, and in the other A. McKenzie. C. S. Brooks intervened in the garnishment proceeding in each case, claiming an interest in the property which Wilson held when garnished. The proceedings were, in effect, consolidated and tried together to the court.

— HoN. D. E. Hindman, Judge. Action upon what is now commonly known as a “Bohemian oats note.” The note was executed July 25, 1887, by the appellee to E. C. Johnson or bearer, for six hundred dollars, payable October 1, 1888, the consideration and circumstances leading to its execution being the same as in the case of Merrill v. Packer, 80 Iowa, 542.

— Hon. J.W. Harvey, Judge. Action on certain promissory notes, and for the foreclosure of a chattel mortgage securing same. From a decree refusing a forclosure of the mortgage plaintiff appeals.

<p>Appeal from Appanoose District Court. — Hon. C. H. Traverse, Judge.</p> <p>.Action by a tenant in common, owning a two-thirds interest in certain real estate, against her co-tenant, owning a one-third interest therein, for damages for waste committed by cutting trees growing on the land; also for the use of the land. The answer is a denial of the averments of the petition, and avers that the defendant is the sole owner. There was a verdict and judgment for the plaintiff. The defendant appeals.</p>

<p>1. Foreign Wills: probate: notice. Under the provisions of section 2351 of the Code, wills probated in any other state may he admitted to prohate in this state without the giving of notice as required in the prohate of domestic wills.</p> <p>2. Practice in Supreme Court: questions considered on appeal. The supreme court will not consider upon appeal questions which were not raised in the district court.</p> <p>3. Probate of Foreign Will: proof of probate in foreign court. ' The certificate of the clerk of a foreign court that a witness named appeared before him, and made oath to certain facts touching the validity of a will, thereto attached, as being the last will and testament of a person named, and stating that said will was duly admitted to probate, and duly proved by the testimony of said witness, and that a complete record of said will and of said testimony had been duly made in the records of the county, but not showing the jurisdiction of the court to entertain such proceeding, nor presenting a copy of the orignal record of probate, will not entitle the will to be admitted to probate in this state.</p> <p>4. -: foreign statutes: proof. The courts of this state will not take judicial notice of the laws of another state, nor will they indulge in presumptions as to the jurisdiction of foreign courts, nor the regularity of their proceedings. Where such laws are relied upon, they must be pleaded and proven on the trial.</p>

Charles H. Phelps, Judge. This is an action to recover certain costs which accrued in actions to enjoin the sale of intoxicating liquors. The cause was tried to the court without a jury, and a judgment was rendered for the defendant, for costs. The plaintiffs appeal.

— Hon. Challes H. Phelps, Judge. Action to set aside a decree rendered against the plaintiff, and for general equitable relief. There was a hearing on the merits, and a decree rendered in favor of the plaintiff. The defendants appeal.

<p>Corporations: organization: subscription to stock: individuar liability op stockholders. Chapter I of title IX of the Code, providing that corporations organized for pecuniary profit shall, 'before-commencing business, adopt articles of incorporation fixing the highest amount of indebtedness to which the corporation shall at any time be subject, and providing further, that a failure to substantially comply with the provisions of said chapter in relation to organization shall render the individual property of stockholders liable for corporate debts, does not require that the whole amount of the capital stock, authorized by the articles of incorporation shall be subscribed to-before the corporation may begin business, when -the articles provide-that the corporation may do so when a less amount therein stated is-subscribed; and the individual property of the stockholders of a corporation, whose articles so provide, cannot, on such account, be held liable for the debts of the corporation, though the published notice of incorporation recite simply the amount of the capital stock authorized, and that the same is, to be paid for by subscribers in such times as the company might thereafter determine.</p> <p>2. -: -: -: evidence. The shares of the corporation in question were of the par value of fifty dollars each, and it was authorized to do business when capital stock to the amount of five hundred dollars was subscribed and paid in. The evidence showed that at the time of dissolution eight hundred dollars of the capital' stock of the corporation had been paid in, and that only six shares had been subscribed since the date of organization. Held, that the evidence warranted the conclusion that stock to the amount of five hundred dollars was subscribed and paid in when the articles of incorporation were signed.</p> <p>3. -: -: -: -. Where a corporation is entitled by its articles of incorporation to commence business upon a less amount than the whole sum of its authorized capital stock being subscribed and paid in, and the provisions of such articles are complied with, ■ its stockholders cannot be held liable to the creditors of the corporation for the amount of the authorized capital stock not subscribed to, as for unpaid subscriptions.</p>

— Hon. C. M. Waterman, Judge. Action to recover an amount alleged to be due by virtue of an agreement to extend the system of waterworks of the plaintiff to certain premises occupied by the defendant. There was a trial by the court without a jury, and a judgment for the plaintiff. The defendant appeals.

— Hon. A. J. Leeeingwell, Judge. Tbis is an action to recover for a personal injury wbicb the plaintiff alleges she sustained by reason of a defective sidewalk. There was a trial by jury, and upon motion the court directed a verdict for the defendant, and overruled a motion of the plaintiff to dismiss the case. The plaintiff appeals.

— Hon. A. B. Thornell, Judge. This is an action for the settlement of the partnership of W. H. Applegate & Co. S. J. Applegate was appointed receiver of the property of the firm, and this appeal is by the defendants from an order entered in the case disapproving a report of the receiver, showing the sale and conveyance of certain real estate, and canceling the conveyances.

— Hon. S. H. Fairall, Judge. Action in equity to restrain the defendant from opening a highway. There was a hearing on the merits, which resulted in a judgment in favor of the defendant. The plaintiff appeals.

— Hon. George H. Carr, Judge. Action to quiet title, and to be permitted to re■deem from certain tax sales and deejs issued tbereon to the defendant Harrison, upon the ground- that said' Harrison was incapable of acquiring title to the land •under the tax sales and deeds, and because notices to redeem were not given as required by law.

— Hon. A. Howat,, Judge. Action in equity to enjoin the defendants from interfering with the plaintiff’s right in a certain alley, and with his use of the same. Answer in denial of the plaintiff’s right, and pleading a former adjudication. Judgment was rendered dismissing the plaintiff’s- petition, and he appeals.

— Hon. E. L. Burton, Judge. The defendant was indicted, tried and convicted of the crime of rápe. He was sentenced to imprisonment in the penitentiary for five years, and lie appeals.

— Hon. J. H. Macomber, Judge. Action in equity to quiet title to certain land, and to be permitted to redeem the same from tax sale. The cause was submitted to the court, and decree entered dismissing the plaintiff’s petition on the merits,, from which the plaintiff appeals.

— Hon. A. W.. Wilkinson, Judge. • Action on two promissory notes, and for foreclosure-of a mortgage securing the same. Hugh E. Creighton, made default. The defendants James H. Creighton and Laura C. Creighton plead adverse possession of the-mortgaged premises, the statute of limitations, and partial payment. The plaintiff, replying, denies the-matters pleaded by the defendants. There was a finding and decree against the defendants, and they appeal.

— Hon. George W. Wakefield, Judge. The plaintiff, being the owner of lot 1 in section 31, and lot 4 in section 33, township 78, range 74, Woodbury county, brought this action to establish and quiet title in him, and to recover damages for rents and waste, to what is now called ‘‘Hoover’s island,’7 under the claim that the same is an accretion to his said lots.

— Hon. J. J. Ney, Judge. Action to recover an amount alleged to be due on account oí a partition fence, commenced in justice’s court. A demurrer to the petition having been sustained, proceedings in error were instituted, which resulted in the overruling of the demurrer by the district court. From that ruling defendant appeals.

— Hon. S. H. Eaieall, Judge. Action to recover damages for the death of William Doyle. ' Yerdict and judgment for the plaintiff. ' The defendant appeals.

— Hon. D. E. Hindman, Judge. Action to recover damages alleged to have been caused by negligence on the part of the defendant, which resulted in the death of J. J. McDermott, the plaintiff’s intestate. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. John J. Net, Judge. Action for the dissolution of a partnership and for an accounting. There was a judgment and decree dissolving the partnership. The plaintiff appeals.

— Hon. John L. Stevens, Judge. The defendants are stockholders in a corporation known as the “Lawn Hill Co-operative Creamery Company.” The said corporation was indebted to the plaintiff. He brought an action against the corporation, and recovered a judgment, and collected a part thereof from the corporation.

— Hon. C. H. Phelps, Judge. The pleadings are quite lengthy, but the following is a sufficient statement thereof to an understanding of the questions discussed.

— Hon. J. L. Stevens, Judge. Action on a promissory note, to which the defense of usury was pleaded. There was a trial by the court, and a judgment rendered, from which the plaintiff appeals.

— Hon. L. 0. Hatch, Judge. This is an action at law to recover the sum of seven hundred dollars in the way of penalty for the alleged violation of an ordinance of the plaintiff city. There was a demurrer to the petitition, which was sustained, and the plaintiff appeals.

— Hon. C. F. Couch, Judge. Action in equity to restrain the defendants from erecting the wall of a building partly on the land of the plaintiff. There was a full hearing on the merits of the case, and the injunction was ordered as prayed. The defendants appeal.

— Hon. D. J. Linehan and J. J. Ney, Judges. Action to recover of the defendant Eichter and the other defendants, who are sureties upon his official bond as auditor of the city of Dubuque, certain money alleged to be due the plaintiff from Eichter as auditor, and which Eichter refuses to pay. There was an answer pleading certain defenses, to which the plaintiff ■demurred.

— Hon. L. 0. Hatch, Judge. Action in equity to reform a policy of insurance, and to recover the value of property insured, which was destroyed by fire. There was a hearing on the merits, and a decree in favor of the plaintiffs. The defendant appeals.

C. D. Leggett, Judge. Action to recover upon a policy of insurance against loss by fire, There was a trial to a jury, resulting in a verdict and judgment for the plaintiff. The defendant .appeals.

— Hon. J. P. Conneb, Judge. This is ap action in equity, and it involves the title to an undivided half of certain land in Sac county. The plaintiff claims under the patent title, and the defendant relies upon a tax title. There was a full hearing on the merits, and a decree for the plaintiff and other parties who intervened in the action, hut whose interests are not adverse to the plaintiff, and are adverse to the defendant. The defendant appeals.

— Hon. ' W. F. Brannan, Judge. Action in equity to quiet title in the plaintiff to certain real estate as against the defendants. The cause was submitted to the court, and a decree entered dismissing the plaintiff’s petition, and quieting title in the defendants as against the plaintiff, from which the plaintiff appeals.

— Hon. Scott M. Ladd, Judge. This is art action in equity to set aside certain deeds and mortgages, and make the plaintiff’s judgments a first lien on a lot in the city of Le Mars and on certain farm lands. For convenience, the city property will he referred to as “lot,” and the farm land as “farm.” The defendants, the New England Loan and Trust Company and Jennie Gr.

— Hon. George ‘ Carson, Judge. The defendant was administrator of the estate of Elizabeth C. Seavey, deceased. The plaintiff held a claim against the estate amounting to, four hundred dollars. It appears that there is now no property or money of said estate which can be appropriated to the payment of the claim of the plaintiff.

— Hon. G-eorge Carson, Judge. Action to recover for personal injuries sustained by the plaintiff in falling into a ditch. There was a trial by jury, and a verdict and judgment in favor of the plaintiff. The defendant appeals.

— Hon. J. M. Casey, Judge. Action in equity to set aside a deed,- and for a distributive share of the property of Lyman Ditson, deceased, and for other relief. There was a judgment and decree for the plaintiff, from which the defendants appeal.

N. W. Macy, Judge. Action in equity to restrain the sale of certain land claimed by the plaintiff as a homestead. There- was a hearing on the merits, and a decree in favor of the plaintiff. The defendants appeal.

— Hon. 0. M. . Waterman, Judge. This appeal is by the claimants from an order sustaining a motion of Naomi and Kitty Davenport, heirs-at-law of Sarah G. Davenport, deceased, to set aside a former order establishing and allowing certain claims against the estate of Sarah Gr. Davenport, and setting the same down for further hearing upon their merits. Sarah Gr. Davenport was guardian of her son, George A. Davenport, an insane person, now deceased.

<p>Appeal from Decatwr District Court. — Hon. John W. Harvey, Judge.</p> <p>Appeal by the plaintiffs from an order discharging the garnishee. The facts appear in the opinion.—</p>

— Hon. C. F. ' Cough, Judge. The plaintiffs claim to be the absolute owners of the northwest quarter of the southwest quarter of section 7, township 87, range 14, Black Hawk county, Iowa, and asked to be quieted in their title as against the defendants.

<p>Appeal from Cedar District Court. — Hon. J. H. Pbeston, Judge.</p> <p>Appeal from a judgment sustaining a demurrer to the plaintiff’s petition.</p>

— Hon. D. J. Linehan, Judge. Action in equity to forclose two mortgages on certain real estate given by the defendants Emilie Gmehle and Gottfried Gmehle, her husband.

<p>1. Practice, in Supreme Court: amended abstract: costs. Where, upon appeal, an amended abstract filed by the appellee is necessary to a fair understanding of some of the rulings of the district court, though more voluminous than necessary, the cost thereof, and of a transcript made necessary by such abstract, will ' not be taxed separate to the appellee where the case is affirmed.</p> <p>2. Fraudulent Conveyances: husband and wife: evidence. Where in an action by attachment the wife of the attachment defendant intervened, claiming the attached property under a chattel mortgage made to secure an alleged loan of money to her husband, and it appeared that until the execution of the mortgage the wife had held no note as evidence of the indebtedness, that the mortgage covered all the property of the husband, and that at the time of its execution the husband was in failing circumstances, and the wife knew him to be insolvent, that the mortgage was not promptly recorded, and that the husband continued in possession of the chattel property, and sold goods therefrom at retail, rendering no account to the wife for sales made, and there was no other evidence that would justify the jury in finding said conveyance fraudulent as to creditors, held, that the court pfoperly instructed the jury to return a verdict in favor of the intervenor for the possession of the property.</p> <p>3. Practice: direction to jury as to verdict: new rule established. A motion to direct a verdict should be sustained when, considering all of the evidence, it clearly appears to the court, that if a verdict were found in favor of the party upon whom the burden of proof rests, it would be the duty of the court to set it aside.</p>

<p>Appeal from Ida District Court. — Hon. James H. Maoombee, Judge.</p> <p>Action in equity to subject (Certain property to the payment of a judgment owned by plaintiffs. There was a hearing on the merits, and a decree in favor of the plaintiffs. The defendants appeal.—</p>

<p>Injunction: violation pending appeal: contempt. Where one having Been enjoined by a decree of the district conrt from manufacturing and selling heer in a building therein described, took an appeal to the supreme court, and filed a supersedeas bond, and thereafter, relying upon the advice of counsel and an order of said district court, that the appeal and bond stayed all proceedings to enforce said decree, by contempt or otherwise, the injunction defendant continued to manufacture and sell beer in said building in violation of said injunction, held, that he was guilty of contempt, and was subject to punishment therefor under the provisions of section 12, chapter 143, of Acts of the Twentieth General Assembly, and of section 3, chapter 66, of Acts of the Twenty-first General Assembly.</p>

<p>1. Conveyance: undue influence: evidence. In. an action to set aside a conveyance of lands as having Been obtained through undue influence and false promises, it appeared that the grantor, a widow eighty years of age, died within sixty days after the conveyance, and that her husband died about a year prior to that time. The plaintiffs were children of the grantor, and one of1 them, a daughter, living in a neighboring county, had visited her mother after her father’s death, and afterwards wrote her two letters. Another daughter, living in the same state for twelve years, had not seen, nor visited, her mother, nor had any communication with her during that time. Another daughter, likewise living in the same state, had not visited her parents for four years. Another of the plaintiffs, a son, who lived in a distant state, had never visited his mother, nor had he written her for years before her death. The grantees were a son and daughter of the grantor. The son had lived with his mother for about a year before her death, and had assisted her and cared for her, but for several years prior to that time had been absent from home, and his location was unknown to his relatives. The daughter had for nine years lived just across an alley from her mother, and during all that time had been relied upon by her mother for aid and support. The grantor had not been satisfied with the amount of rent received for the land, had complained that it was insufficient to support her and her husband, and for several years before he died wanted her husband to sell the same. After her husband’s death she mortgaged the land to pay debts, and would have sold it had she found any one willing to purchase. The justice who drew the conveyance, and took the acknowledgment, testified that the grantor was cheerful at the time, that he talked with her for about an hour in the absence of the grantees, and was not advised that anything was wrong, and that the grantor hunted up an old deed from which to get the description of the property. It also appeared that the grantor had stated to several friends that she intended to give to one of the grantees the greater part of her property on account of her kindness to her. The consideration expressed in the deed was one dollar. Se Id, that the evidence failed to show that the deed was executed under undue influence.</p> <p>2. -: capacity to convey: evidence. Evidence that the grantor could neither read nor write, nor count money; that she believed she could see fairies, conversed with them, set the table for them, and wanted to keep on the good side of them, and that she imagined she could see departed spirits, and called the attention of people to the spirits of her departed children, which she imagined she could see in the road; held, to be insufficient to show want of capacity in the grantor to convey in view of proof that in her business affairs the grantor was known to exercise judgment and reason.</p>

<p>Appeal from Butler District Court. — Hon. J. C. Sheewin, Judge.</p> <p>Action at law to recover thirty-one dollars and thirty-seven cents alleged to have been paid by the plaintiffs to the defendant under protest, and to recover two hundred and thirty-four dollars damages for an alleged breach of contract. The case- was tried by a jury, and a verdict and judgment rendered for the defendant. The plaintiffs appeal.</p>

<p>Appeal from Woodbury District Court. — Hon. C. H. Lewis, Judge.</p> <p>Action to receover 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.</p> <p>Appellant contends that the gist of the appellee’s action is personal injury, resulting from a defective street, and the failure of appellant to properly maintain its streets; and that by the provisions of section 633 of McClain’s Code her action is barred. “The manifest object of the provision in the charter is that the city may have timely notice of any such claim made; so as to be able to ascertain what the facts are, and to establish them while witnesses are obtainable.” Nichols v. City of Minneapolis, 16 N. W. Rep. 410; Schultz v. Coon, 8 N. W. Rep. (Wis.), 283; Dorsey v. City of Racine, 18 N. W. Rep. 928. This court has held that the permission of an obstruction in a street from snow and ice being deposited thereon, whereby injury results to a traveler, will render the city liable. Collins v. City of Council Bluff's, 32 Iowa, 324. Hence it cannot be said that the structure complained of herein was no part of the street, and consequently did not constitute a nuisance or defect in the street, for snow and ice cannot be said to be a part of the street when deposited thereon. It would seem in the case at bar, that the liability of the city, if’ liable at all, would be from a failure to repair the . street by removing the.structure therefrom. This bill-board was not only placed upon the street, but was so erected as to become a part of the street itself. Moore v. City of Burlington, 49 Iowa, 136. Section 726 of the Code makes it the duty of the municipality to keep its streets open and in repair and free from nuisance. Section 5470 of McClain’s Code declares that “the obstructing or encumbering by fences, buildings or otherwise the public highways, private ways, streets, alleys or commons, are nuisances.” The city must, therefore, have been guilty of negligence with respect to the maintenance of their streets, and appellee’s- action must have been barred by reason of her failing to bring her action within the time required, and failure to serve notice upon the city within ninety days from- the date of the injury.</p> <p>In speaking of injuries resulting from defective ■streets or sidewalks, the legislature only meant-, of course, defects as such. And, also, in speaking of the failure of such corporation to perform its duty in -constructing or maintaining streets or sidewalks, they certainly mean the same sort of defect, to-wit: Defects in the street as such. The case of Nichols v. City of Minneapolis, cited by counsel for appellant, while it calls attention to some statute of a similar character, does not even mention the sort of defect complained of. Whether it was a defect in the street as such or an independent structure, which in no way obstructed travel. And in the case of Plumb v. City of Fond du Lac, erroneously styled Schulte v: ■ Goon, by counsel for appellant, the injury was caused by'a defect in the sidewalk. Neither is the character of the defect set forth in the case of Dorsey v. City of JRdcine, cited by appellant. In the case of Collms v. City of Council Bluffs, cited by counsel, snow and ice had accumulated in the traveled part of the street in such manner ■as to constitute a defect. In Moore v. City of Burlington, lumber had been piled up in the traveled portion of the street in such manner as to precipitate the traveler into a creek, and being an obstruction to travel and an incumbrance to the sidewalk, necessarily constituted a defect in the street as such. As sustaining our position, that the bill-board complained of did not constitute a defect in the street' .as such, we cite: McArthur v. City of Saginaw, cited "by counsel for appellant, and Carver v. Plank Road Co., 61 Mich.. 585 j Mixon v. Lowell, 13 Gray 59; Rowell v. City of Lowell, 7 Gray, 100; Kitter v. Dunstable, 7 Gray, 104; Taylor v. Peckham, 5 Ana. Rep. 578; Heivisonv. City of New Haven, 9 Am. Rep. 345; Macomber v. Taunton, 100 Mass. 225; Homes v. Boston, 6 Am. Rep. 194. Because a structure is a nuisance, it does not by any means follow that it is a defect in the street as such. The statute of limitations, which it is claimed is applicable to this case, in no way alludes to nuisances, or structures which do not constitute defects in streets as such,, with regard to their usefulness and safety for the purpose of travel, but merely mentions defects and neglect or failure to keep in repair. See Hughes v. City of Fond du Lac, 41 N. W. Rep. 407; Pye v. City of Mankato, 38N. W. Rep. 621.</p>

<p>Lease of Lands: landlord’s lien: exemptions: waiver: provisions having effect of mortgage: NOTICE. A provision in a lease of lands that any damage resulting to the lessor from the failure of the lessee to perform the terms of said lease with relation to plowing, harvesting and threshing, or from the failure to deliver to the lessor his share of the crops, should he a lien on all crops grown on said land, and on all property of tlie lessee used on said premises, whether exempt from execution or not, is in effect a mortgage, and must he recorded to he valid against subsequent purchasers without notice. Section 2017 of the Code does not give the landlord a lien upon property exempt from execution, and if a provision like the above should he considered a waiver, of such an exemption, it would he invalid. ,</p>

— Hon. George Carson, Judge. Action upon a promissory note executed May 9, 1889, by the defendants for two hundred and four dollars, payable “to the order of B. A. Tyner,” six months after date, indorsed in blank by Tyner, and “without recourse” by C. E. Taylor. The plaintiff alleges that he became the owner thereof for value before maturity.

— Hon. Gf. W. Wakefield, Judge. February 13, 1890, an indictment was returned charging the defendant with the crime of larceny, as defined in chapter 30 of Acts of the Twenty-first General Assembly, to which he pleaded not guilty, February 15, 1890, and upon which he was tried by a jury April 28, 1890, and convicted and sentenced to imprisonment in the penitentiary, from which he appeals.

■Cross Appeals from Polk District Court. — Hon. W. F. Conbad, Judge. On August 6, 1889, the plaintiff filed her petition to recover possession of certain chattel property described, claiming the same by virtue of a chattel mortgage executed to’ the plaintiff by the defendant to secure a promissory note for one hundred and forty-two dollars and sixty- cents, then overdue, 'and for damages.

Apjpeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Action in equity in the nature of a creditor’s bill, by which the plaintiff seeks to subject certain land and personal property to the payment of a judgment against the defendant, August Utesch. The defendants are husband and wife. The title to the land was formerly in the husband, and he made a conveyance to his wife.

— Hon. S. H. Fair all, Judge. This is an action in equity, by which it is sought to enjoin the defendant from teaching a school in the schoolhouse in Independent district number six, Cedar township, in Johnson county. The defendant appeals from a decree enjoining her from teaching the school-

— Hon. L. E. Fellows, Judge. Action for tbe dissolution of a partnership and for an accounting. Tbe defendant pleads, in substance, a general denial. Upon tbe trial there was a finding and decree for tbe defendant, from which tbe plaintiff appeals.

John L. Stevens, Judge. This is a proceeding to determine and establish a disputed corner, viz: The southwest corner of the northwest quarter of section number three, in township number eighty-nine north, of range number 25 west of fifth principal meridian. The defendants plead acquiescence in a corner at the point named by them; also, the statute of limitations.

— Hon. C. M.. Waterman, Judge. Action to declare a trust and enforce the same. 'There was a judgment for the defendants, and the plaintiffs appeal.

<p>Appeal from Lyon District Court. — Hon. George W. Wakeeield, Judge.</p> <p>This is an action at law. It was tried to the court without a jury, and a judgment was entered for the First National Bank of Rock Rapids which is a defend•ant by intervention. The plaintiffs appeal.</p>

<p>Appeal from O’Brien District Gowrt. — Hon. Scott M. Ladd, Judge.</p> <p>This is an action to recover certain taxes paid upon eighty acres of land in O’Brien county, and for a decree establishing the same as a lien upon said land. There was a full hearing upon the merits of the case, and a judgment was entered against the defendant for one hundred dollars, which was established as a lien upon the land. The plaintiff claims that the judgment and lien should have been for a much larger amount, and he appeals.</p>

<p>Intoxicating Liquors: nuisance: liability of leased peemises. Where in an action in equity to enjoin one person from maintaining a nuisance upon certain described premises, by the illegal sale of intoxicating liquors thereon, the owner of said premises was made a party defendant, and it appeared that, although not a resident of the state, the said owner was served with original notice of the commencement of said action, and that he had an agent in the town where said premises were located, but that no effort was made by said owner or his agent to abate said nuisance, other than to serve a notice to quit upon the tenant keeping said nuisance, after which he was permitted ¡to remain on said premises for some days and continue his illegal sales, held, that the owner was chargeable with notice of the maintenance of said nuisance upon his premises.</p>

<p>1. Taxation: correction of errors: duty of county auditor. A. county auditor cannot refuse to exercise the authority conferred upon him by section 841 of the Code, for the correction of errors in the assessment of taxes, because the tax book in which such correction should be made has been delivered to the county treasurer.</p> <p>2. Board of supervisors: records: correction of. A resolution of the board of supervisors of a county which, according to the minutes of the proceedings of the board, was duly adopted, and at a subsequent meeting read and approved, cannot, after the lapse of a year, and after the board has been partially changed by the retirement of one member and the election of another, and without notice •to parties affected thereby, be repealed on the ground that, according to the memory of the members of the board, it was erroneously •entered.</p>

Proceeding by certiorari. The plaintiff and one Jones and Davis were co-defendants in a suit pending in the district court of Wapello county in August, 1890, wherein they were, upon information, charged with having violated a permanent injunction by keeping and selling intoxicating liquors in violation thereof.

— Hon. D. J. Linehan, Judge. Action for the recovery of specific personal property. From a judgment for the plaintiff, the defendant appeals.

— Hon. G-eorge W. Wakefield, Judge. . Action in equity to restrain the defendants from, entering and building upon certain real estate. There was a hearing on the merits, and a decree in favor of the plaintiff. The defendants appeal.

— Hon. C. H. Lewis and Hon. Scott M. Ladd, Judges. This is an action brought against S. B. Jackson, sheriff of Woodbury county, and the other defendants, who are sureties on his official bond.

— Hon. W. F. Conead, Judge. Action in equity to ascertain and settle the amount, validity and priority of claims of sub-contractors for materials furnished and labor performed in the erection of a schoolhouse.

— Hon. N. W. Macy, Judge. Action to recover possession of certain lots described. The case was submitted to the court upon an agreed statement of facts, and judgment entered for defendants. The plaintiffs appeal.

.Appeal from Ramson District Court. — Hon. Georg-e W. Wakefield, Judge. This is an action brought by the plaintiff to enjoin the defendant sheriff from executing a deed to his co-defendant on a sale of certain real estate on execution. The trial court entered a decree for the plaintiff, from which defendants appeal.

— Hon. J. H. Preston, Judge. The plaintiff brought this action as administrator of the estate of Daniel Maurer, deceased. Maurer was killed while employed in assisting in operating a traction steam engine, which was the motive power for a threshing machine. It is charged in the petition that the casualty occurred by reason of the negligence of one Wilson, who was then acting for the defendant in operating, or running said engine.

Court. — Hon. J. M. Casey, Judge. Proceeding to ascertain the compensation to which the plaintiffs are entitled for a right of way occupied by the defendant. Prom the assessment made by the sheriff’s jury the plaintiffs appealed to the district court. A trial in that court resulted in a’verdict in favor of the plaintiffs for the sum of seven thousand, nine hundred and sixty-two dollars and twenty-four •cents. Judgment was rendered on the verdict, and the •defendant appeals.

— Hon. S. R. Dayis, Judge. The plaintiff is by occupation a locomotive fireman. Tbe defendant is a life and accident insurance company, with its headquarters or principal place of business at San Francisco, in the state of California. On the twenty-first day of May, 1889, the defendant issued to the plaintiff its policy of insurance for the term of one year.

— Hon. Charles A. Bishop, Judge. This is an action at law, by which the plaintiff seeks to. recover the purchase price of a railroad track scale, which it is alleged the defendant purchased of the Union Scale Company. It is claimed by the plaintiff that the Union Scale Company assigned the cause of action to the plaintiff. There was a trial by the court without a jury, and a judgment whs rendered for the plaintiff. Defendant appeals.

— Hon. J. P. Conner, Judge. March 1,7, 1890, the plaintiff filed her petition alleging that she was the absolute and unqualified owner, by purchase, of certain specific personal property described, of the value of six hundred and fourteen dollars; that the defendant wrongfully detained possession of said property from her; and that the alleged cause of detention was by virtue of a pretended chattel mortgage which had been fully paid by the plaintiff.

<p>Appeal front Crawford District Court. — Hon. J. P. Conner, Judge.</p>

— Hon. James D. G-ieeen, Judge. Action to recover damages for personal injuries alleged to have been caused by negligence on the part of tbe defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals. The ordinance was not shown to have been published in a newspaper, nor in book or pamphlet form.

Court. — Hon. 0. H. Lewis, Judge. The defendant appeals from an order overruling his motion to dissolve a temporary injunction granted herein against him.

— Hon. Charles H. Phelps, Judge. Action in equity to set aside a deed, and to subject certain lands to tbe payment of the plaintiff’s judgment. ' There was a judgment and decree in the district court for the plaintiffs. All of the defendants, except H. Welsing, appealed.

— Hon. R. C. Henry, Judge. ■ The defendant, Bradley, is the sheriff of Taylor county, and, by virtue of an execution issued on a judgment in favor of M. Reigleman & Co. v.- N. J. Turner, he levied on and took into his possession, part of a stock of goods as the property of N. J.' Turner.

— Hon. D. R. Hind-man, Judge-. The defendant’s line of road is constructed and operated through, the land of one G-eorge L. Cutler, and on the seventh day of October, 1889, the said Cutler lodged with the board of railroad commissioners a complaint to the effect that owing to the manner of such railroad crossing his land he was entitled to an undergrade crossing, which the company had neglected and refused to provide for him.

— Hon. W. A. Hoyt, Judge. Action in equity for the partition of certain real estate. There was a decree as prayed by the plaintiffs, from which the defendant, Raymond Egbert, by his guardian ad litems appeals. The widow had the right to occupy and possess the homestead until it was otherwise disposed of according to law. Code, section 2007. She was not entitled to both homestead and dower.

— Hon. C. H. Lewis, Judge. The plaintiffs, having a judgment against the defendant, C.' B. Bird, garnished J. H. Strong and H. Balcom, as supposed debtors of C. B. Bird. They answered, showing an indebtedness from each in the sum- of two hundred and fifty dollars to the firm of Bird & Selmser, real-estate brokers, for commissions.

— Hon. E. L. Burton, Judge. This is a controversy involving the title and ownership of forty acres of land in Monroe county. The action is in equity, and it was referred to a referee to try and determine. The referee awarded the land to the plaintiff. The report of the referee was approved by the court, and the defendants appeal.

— Hon. Marcus Kavanagi-i, Jr., Judge. Action to foreclose a mortgage upon certain real estate in Polk county, Iowa. The court below dismissed the plaintiff’s petition and rendered a judgment against it for costs. The plaintiff appeals.—

— Hon. Charles H. Phelps, Judge. Action to recover damages for an alleged libel. There was a verdict and judgment for the defendant. The plaintiff appeals.

<p>Appeal from Webster District Court. — Hon. J. L. Stevens, Judge.</p> <p>Action on an injunction bond. From a judgment for the defendants, the plaintiff appeals.</p>

— Hon. 0. H. Lewis, Judge. Action upon a promissory note payable to “Anthony bank or order,” and indorsed by the bank to Calais National bank, and by the latter bank to the plaintiff for collection. The defendants answered, alleging want of consideration and fraud upon the part of the Anthony bank and W. H, Hurd, its president, in obtaining the note.

<p>Appeal: notice: time on service. The service of notice upon the fourth day of December of an appeal from an order of court made on the third day of the preceding June, is not within the time allowed by section 3173 of the Code for the taking of appeals.</p>

— Hon W. A. Hoyt, Judge. Action to abate a liquor nuisance, and for an injunction, and asking that costs and attorneys’ fees be made a lien upon tbe property. The court below dismissed the petition as to above-named defendants. The plaintiff excepted, and appeals.

— Hon. E. L. Bukton, Judge. Action aided by attachment to recover the amount due on certain promissory notes, and for merchandise sold and delivered. William Evans appeared as garnishee and also as intervenor. There was a trial by jury, and a verdict and judgment in favor of Evans. The plaintiffs appeal.

— Hon. W. F. Be,annan, Judge. This is an action in equity, by which the plaintiff Milo Smith demands the partition of certain real estate, which he claims he owns in common with the defendant Isaac Baldwin. There was a decree establishing the respective shares and interests in the property. The plaintiff appeals.

<p>Appeal from Taylor District Court. — Hon. R. C. Henry, Judge.</p>

— Hon. G-eorge Carson, Judge. Action to set aside a deed of conveyance. From a decree for the plaintiff, the defendants appeal.

— Hon. John W. Harvey, Judge. This is an action on a policy of insurance against loss by fire. There was a demurrer to the answer, which was sustained. The defendant elected to stand on its answer, and judgment was rendered against it, and it appeals.

<p>Accord, and Satisfaction: pleading. The plea of an accord and satisfaction to an action upon a contract should be presented by answer; it cannot be presented by a motion to dismiss, supported by affidavit, where the accord is disputed.</p>

— Hon. W. R. Lewis, Judge. Action to recover damages for the alleged breach of a written contract. There was a demurrer to the petition, which was sustained. The plaintiff elected to stand on her petition, and from a judgment against her for costs she appeals.

— Hon. GeorgeW. Wakefield, Judge. Action to enjoin proceedings on a petition to the hoard of supervisors of Harrison county, asking the relocation of its county seat. The facts are stated in the opinion.

<p>Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. .</p> <p>The facts are stated in the .opinion of the court.</p>

<p>1. Mortgages: right of foreclosure: default in interest. Where, four days after an installment of interest became due upon a mortgage, the mortgagor delivered to the mortgagee a check for the amount due less eleven cents, hut the check recited that it was “in full of interest due,” on said mortgage, and the same was accepted hy the mortgagee, held, that the non-payment of said eleven cents did not entitle the mortgagee to declare the whole mortgage debt due, and to a forclosure of said mortgage, under a clause therein providing that upon default in the payment of interest, or any part thereof, the whole indebtedness should become due.</p> <p>2. -: -: default in payment of taxes. Said mortgage further provided that if the taxes remained unpaid for thirty days' after the same became due and payable the whole indebtedness, should become due. The taxes were not paid until more than thirty days after default, and not until after this action was commenced, but such default was not plead as a ground for the foreclosure of said mortgage when this action was commenced. Held, that a plea of such default by an amendment to the petition after said taxes had. been paid did not entitle the mortgagee to a foreclosure.</p>

<p>Appeal from Montgomery District Court. — Hon. A. B. Thornell, Judge.</p> <p>Action on account filed in probate. There was a .judgment refusing an allowance, and the plaintiffs appeal.</p>

— Hon. W. B. Lewis, Judge. This is an action which was commenced before a justice of the peace upon an account against the defendant, W. E. Bichards. The Crescent Coal Company was garnished as a supposed debtor of Bichards. J. Lambert & Sons intervened in the action, and claimed that Bichards had assigned to them the claim which Bichards held against the Crescent Coal Company.

— Hon. Chaeles A. Bishop, Judge. Action on the covenants against incumbrances in a deed. The court below dismissed the action and rendered judgment against the plaintiff for costs, from which he appeals.

— Hon. Chaeles H. Phelps, Judge. The plaintiff, a corporation organized “for charitable, religious, and missionary purposes,” and whose objects, as declared in its articles, are, “the maintenance of a Methodist Episcopal church in Burlington, Iowa, and the propagation of the gospel according to the doctrine and discipline of said church,” brings this action to recover money received and held by the defendant as treasurer of a society known as the “Church Furnishing Society.”…

— Hon. D. Ryan.. Judge. Action to recover damages for personal injuries sustained by the plaintiff, and alleged to have been1' caused by negligence on the part of the defendant. When the evidence for the plaintiff had been fully submitted, the court sustained a motion to instruct the jury to return a verdict for the defendant. A verdict was returned as directed, and judgment was entered in favor- of the defendant for costs. The plaintiff appeals.

— Hon. J. H. Hen-•deeson, Judge. Action to recover the amount due on a promissory note. Alter the issues had been settled, the cause was transferred to the equity docket and heard by the court. A decree was rendered in favor of the defendants, and the plaintiffs appeal.

— Hon. A. W. Wilkinson and Hon. J. H. Henderson, Judges. Action upon a policy of insurance. From a verdict and judgment for the plaintiff, the defendant appeals.

<p>1. Fire Insurance: application: Representations: mutual mistake. Upon application for insurance upon certain store fixtures and other property in a building, the applicant informed the agent for the insurance company of a mortgage upon the real estate, but no mention thereof was made in the written application because of the mutual belief that the fixtures were not covered thereby. Meld, that such omission did not invalidate the policy issued upon such application, under a provision therein that any false representation by the assured of the condition or situation of the property, or any omission to make known every fact material to the risk should render the policy void.</p> <p>2. -: -: -: pleading: evidence. In an action on said policy the defendant plead as a defense, that the insured had concealed from the defendant the existence of said mortgage. Meld, that, under the issue thus joined, evidence that the existence of the mortgage was communicated to the agent was admissible without any plea of waiver of the condition in the policy.</p> <p>3. -: increase of risk: conditions of policy: construction. Under a provision in a policy that if “the risk be increased by any means whatever within the control of the assured,” it should avoid the policy, whether the subsequent execution of a mortgage upon the insured property has such effect is a question of fact to be determined in view of the circumstances of the particular case.</p> <p>4. - — : court findings: effect on appeal. Where the evidence is conflicting, the findings of the district court are conclusive as to the facts found upon appeal to the supreme court.</p> <p>5, -: proofs of loss: amount of recovery. The amount reeov-'erable upon a policy of insurance will' not he limited to the amount of the loss named in the proofs of loss, where the latter, through mistake, represent the amount to he less than the loss actually incurred.</p>

The defendant was indicted, tried, convicted, and. sentenced for the crime of larceny.

— Hon. L. G. Kinne, Judge. September 13, 1890, the plaintiff filed his petition showing that on the nineteenth day of December, 1889, he recovered a judgment in the district court of Tama county against the defendant Wade and the defendant Robert Young, surety on his appeal bond, which judgment remained due and unpaid.

— Hon. S. H. Faieall, Judge. Action to recover damages for an alleged assault and battery. There was a trial by jury, resulting in a verdict and judgment for the plaintiff for three hundred dollars. The defendant appeals.

— Hon. A. W. Wilkinson, Judge. Action to recover for money paid out by the plaintiff while clerk of the courts of the defendant county during the years 1885, 1886 and 1887, to clerks for labor and services rendered, in assisting in the discharge of the business of the clerk’s office. The case was tried to the court and judgment entered for plaintiff. The defendant appeals.

'Appeal from Muscatine District Court. — Hon. C. M. Waterman, Judge. Action to recover damages for personal injuries sustained by tbe plaintiff. After she had submitted her evidence, the jury, by order of the court, returned a verdict in favor of the defendant, and judgment was rendered thereon for costs. The plaintiff appeals.

— Hon. David Byan, Judge. Action to recover for goods sold and delivered to the firm of Slocum, Jarvis & Co., of which it is alleged A. J. Jarvis, was a partner. A. J. Jarvis answered, denying that he ever was a member of the copartnership of Slocum, Jarvis & Co. Pending the action, Mr. Jarvis died, and W. H. Seevers, administrator, was made defendant.

— Hon. W. N. Macy, Judge. In 1885, Elder & McKinney were commission merchants at Peoria, Illinois, and Charles Stuart & Son were purchasing and shipping grain from Audubon and other points in Iowa on the line of the Chicago, Sock Island & Pacific Eailway Company. At the solicitation of one John Bryner, acting for the plaintiffs, the defendants shipped to the plaintiffs during the years from and including 1885 to June 1, 1889, grain tobe soldon'com-mission.

— Hon. John J. Ney, Judge. Proceedings to establish a claim against the estate of John D. Bush, deceased. From a judgment allowing the claim the defendant appeals.

B. Hindman, District Judge, sitting in Marshall Gotmty. Proceeding by habeas corpus. The plaintiff, at the time referred to in the record, was a resident of Marshall county. The defendant is the sheriff of Tama county.

— Hon. H. E. Deemer, Judge. Action against the sureties upon a bond executed by an assignee for the benefit of creditors. The venue of the case was changed, on the ground that the action was not begun in the county of the defendant’s residence.

<p>Appeal from Davis District Court. — Hon. Dell Stewart, Judge.</p> <p>The defendant was indicted, tried, and convicted of the crime of keeping a gambling house. His motion for new tidal being overruled, judgment was entered against him, from which he appeals.</p>

— Hon. C. H. Lewis, Judge. Action in chancery to foreclose a mortgage. After a trial on the merits, there was a decree dismissing the plaintiff's petition, from which he appeals.

— Hon. Soott M. Ladd, Judge. Action to recover damages alleged to have been caused by the defendant in wrongfully entering upon and cultivating certain land which is claimed by the plaintiff. When the evidence had been fully submitted, the court instructed the jury to return a verdict for the defendant. A verdict was returned, and a judgment rendered in harmony with the instruction. The plaintiff appeals.

— Hon. L. O. Hatch, Judge. Action to foreclose a mortgage. The defense is that of a partial failure of consideration and fraud. A foreclosure denied, and the plaintiff appeals.

<p>Appeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge.</p> <p>Indictment for seduction. Verdict and judgment of conviction, and the defendant appeals.-</p>

<p>Appeal from Polk District Court. — Hon. Marcus Kavanagh, Jr., Judge.</p> <p>Indictment for robbery. A verdict of guilty, and the defendant appealed.</p>

<p>Appeal from Fayette District Cotirt: — Hon. W. A. Hoyt, Judge.</p> <p>Indictment for seduction. There was a trial by jury, resulting in a verdict of guilty. The defendant appeals.</p>

— Hon. A. R. Dewet, Judge. The defendant was accused and convicted of the crime of nuisance. He was adjudged to pay a fine of five hundred dollars and costs, and to be imprisoned in the county jail until the sum should he paid. From that judgment he appeals.

— Hon. James D. Giffen, Judge. The defendant was convicted of the crime of assault, and from a judgment imposing a fine of ten dollars and costs he appeals.

— Hon. N. W. Macy, Judge. Action under sections 1540 and 1542 of Code to abate and enjoin a nuisance. There was a decree for the plaintiff. The defendant appeals.

— Hon. Scott M. Ladd, Judge. Action at law to recover the amount of a promissoi-y note. There was a trial by the court without the aid of a jury, and a judgment in favor of the plaintiff. The defendants, Gehlen Bros, and Joseph Gehlen, appeal.

— Hon. G. W. Wakefield, Judge. Action in equity to recover for an amount of money paid by the plaintiffs as sureties for the assignors of the defendants. A demurrer to the petition was sustained, and the plaintiffs appeal.

Union District Court. — Hon. J. W. Harvey, Judge. Action in equity to recover the amount due on a promissory note, and to foreclose a mortgage given to secure its payment.

— IIon. C. M. Waterman, Judge. This is a petition in equity to quiet the title of the plaintiff to fifteen acres of land. There was a hearing upon the merits, and a decree for the defendants. The plaintiff appeals.

— Hon. S. M. Weaver, Judge. Action to recover damages for the alleged wrongful conversion of property by the defendants Benjamin Jones and L. W. Names. The cause was continued as to Names and tried as to Jones. From a judgment in favor of the plaintiff, Jones appeals.

— Hon. Charles A. Bishop, Judge. Action to recover damages for injuries allegedto have been sustained by reason of negligence <p. the part of the defendant. There was a trial by jury, and a verdict and judgment for the defendant.

— Hon. J. L. Stevens, Judge. Elizabeth Crocket died on the fourteenth day of August, 1887, and left surviving her six children, of whom the plaintiff is one; the other five and the administrator of her estate being parties defendant. During her lifetime, and at her death, Mrs. Crocket was the owner of one hundred and ten acres of land, which is a subject of controversy in this suit.

— Hon. J. H. Preston, Judge. The defendant was indicted, tried and convicted- of the crime of keeping a saloon nuisance, and. appeals.

— -Hon. L. G-. Kinne, Judge. Actions in equity to recover amounts alleged to he due on four promissory notes and for the foreclosure of certain mortgages. The actions were consolidated, and, after a hearing on the merits, a decree was entered in favor of the plaintiff. 'The defendant, W. F. Walker, appeals.

— Hon. C. P. Holmes, Judge. The defendant was indicted, tried and convicted of the crime of keeping a saloon nuisance, and appeals.

<p>Criminal Law: appeal: review.</p>

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

— Hon. J. H. Preston, Judge. Indictment for nuisance, plea of guilty, and judgment that the defendant pay a fine of three hundred dollars and costs, including twenty-five dollars county attorney’s fee, and stand committed until paid. The defendant appeals.

<p> Appeal from Jefferson District Court. </p> <p>The defendant was indicted, tried and convicted upon a charge of keeping and maintaining a nuisance.</p>

— Hem. W. E. Brannan, Judge. This action is founded on a claim against tha estate of Joseph Heinley, deceased. The right to recover depends upon the alleged breach of a written contract entered into between the plaintiff and said Joseph Heinley. There was a trial before the court without a juiy,' and the claim of the plaintiff was not allowed as a claim against the estate. The plaintiff appeals.

— Hon. N. W. Macy, Judge. The plaintiff filed his motion for an order requiring George F. Wright, John N. Baldwin and 0. Haldane, composing the firm of Wright, Baldwin ■& Haldane, to pay over money alleged to have been collected by them from the defendant for the plaintiff, as his attorneys in the above entitled cause. The motion was submitted upon affidavits, ahd overruled. The plaintiff appeals.

<p>Condemnation Proceeding's; appeal: affirmance.</p>

<p>Appeal: notice: record: jurisdiction.</p>

<p>Appeal: affirmance.</p>

— Hon. ^eorge W. Wakefield, Judge. Action upon a promissory note executed December 1, 1883, by the defendant to the plaintiff for three thousand dollars, due two years after-date, with ten per cent, interest.

— Hon. J. P. Conner, Judge.; Action to set aside the decree entered in the district court, and cancel a conveyance of land made in pursuance of it. Judgment for the defendant, and the plaintiff appeals.

— Hon. J. H. Pre ton, Judge. The plaintiff filed her petition in equity, to which the defendants ■demurred upon the grounds, among others, that the petition shows on its face that the plaintiff is not entitled to the relief demanded, nor to any relief; that it shows that John Fink, the deceased, made no false representation as to any existing fact to induce the plaintiff to sign the deed; and that it shows that the plaintiff's claim, if she ever had one, is barred by the…

— Hon. D. K. Hindman, Judge. Action in equity to restrain the defendants from maintaining a nuisance by keeping for sale and selling intoxicating liquors in violation of law. After a hearing on the merits, a decree was rendered in favor of the plaintiff, as prayed. The defendants appeal.

— C. H. Lewis, Judge. Action on account aided by attachment. The issue was upon the answers of garnishees. There was a judgment discharging the garnishees, and the plaintiff appeals.

— Hon. B. W. Buddick, Judge. Action at law to recover one hundred and twenty-five dollars with interest, on some ten different items stated in the petition. Answer denying most of the facts alleged, and setting up as counter claims, twenty-seven different items, upon which the defendant asked judgment for eight hundred and seventy-eight dollars and eighty-one cents, with interest.

— Hon. John L. Stevens, Judge. Action at law to recover damages for an alleged malicious prosecution. There was a trial by jury resulting in a verdict and judgment for plaintiff. The defendants' appeal, assigning as error certain rulings admitting and rejecting testimony, and the giving and refusing certain instructions.

<p>Appeal from Mahaska District Court. — Hon. J. K. Johnson, Judge.</p>

— R. C. Henry, Judge. The pleadings are quite lengthy, covering some seventeen pages of «closely printed matter.

— Hon. J. M. Casey, Judge. February 17, 1885, Rebecca Edmunds and Samuel T. Edmunds, her husband, made to the plaintiffs their promissory note for two hundred and thirty-six dollars and twenty-five cents, and secured the same by a mortgage on a lot in West Burlington.

<p>Appeal from Mahaska District Court. — Hon. J K. Johnson, Judge.</p> <p>The defendant was convicted of the crime of nuisance committed by keeping for sale and selling intoxicating liquors in violation of law. From the judgment rendered on the verdict, he appeals.</p>

<p>Appeal from Mahaska District Court. — Hon. D. Byan, Judge.</p>

— Hon. Lot Thomas, Judge. The defendant was indicted for keeping a nuisance by unlawfully keeping for sale and selling intoxicating liquors in a certain building. He pleaded not guilty, and was tried by a jury, and convicted of the offense, and from a judgment on the verdict he appeals.

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

— Hon. C: M. Waterman, Judge. Action to recover damage's alleged to have heen done to the plaintiff’s property hy defendant filling up one of its streets. Trial to a jury, and, on motion of the defendant, the jury were instructed to return a verdict for the defendant, upon which judgment was entered against the plaintiff.

— Hon. Charles H. Phelps, Judge. The plaintiff entitles in his abstract, and on his part submits herewith, the cases of himself v. Prank Ober, v. Joseph Leis, v. Bertha Ernest and M. Wiewoehner, v. Lewis Goetz, and v. A. Gantz. They are actions in equity under section 1543 of the Code, as amended, to enjoin certain alleged nuisances.