Volume 89 — Iowa Reports

— Hon. W. A. Hoyt, Judge. Pboceedings to charge the defendant with the maintenance of a bastard child. There was a trial by jury, and a judgment against the defendant. He appeals.

— Hon. Fred O’Donnell, Judge. The defendant was indicted-, tried, and convicted of the crime of manslaughter. The substance of the charge is that on June 21, 1892, in Dubuque county, Iowa, the defendant did willfully, feloniously, and of malice aforethought, by force and violence, and against the will of Francis Mulqueeny, throw said Mulqueeny into a slough of water, by reason of which said Mulqueeny was drowned.

— Hon. John J. Ney, Judge. This is an action to recover damages for the death of one Thomas Scott, the plaintiff’s intestate, who, it is alleged, was killed by reason of «the defendant’s negligence while said Scott was being carried as a passenger on one of the defendant’s railroad trains. There was a trial by jury, and verdict and judgment for the plaintiff. The defendant appeals.

— Hon. S. H. Fair-all, Judge. Action in equity to restrain and enjoin the defendants, as railroad commissioners of this state, from enforcing a certain order, made by them, establishing joint rates of charges for the transportation of freight and cars over the road of the plaintiff and connecting lines of road; also to enjoin and restrain said commissioners from enforcing any other order compelling the plaintiff to enter into joint through rates of freight charges with other…

— Hon. J. R. Caldwell, Judge. The defendants were accused of the crime of burglary in the nighttime, tried by jury, found guilty, and adjudged to be imprisoned in the state, penitentiary at Anamosa at hard labor for the term of six years. Prom that judgment they appeal.

— Hon. Lot Thomas, Judge. Indictment for maintaining a liquor nuisance. Verdict of guilty, and a judgment from which the defendant appeals.

A. W. Wilkinson, Judge. . The defendant was indicted, tried and convicted of the crime of obtaining money by false pretenses, and judgment entered against him, from which he appeals.

— Hon. James D. G-iffen, Judge. This is an action at law to recover damages of the defendant for the breach of an alleged warranty of a horse sold by the defendant to the plaintiffs. There was a trial by jury, which resulted in a verdict and judgment for. the defendant. The plaintiffs appeal.—

— Hon. W. F. Conrad, Judge. This is an action at law, by which the plaintiff seeks to recover of the defendant the sum of seven hundred dollars which was deposited with the clerk of the district court of Polk county by one Ackerman to secure his appearance in the proper court on a criminal charge. Ackerman failed to make an appearance, and forfeited the money. The plaintiff county claims that it is entitled to the money for the benefit of its school fund.

— Hon. N. W. Macy, Judge. Indictment for “uttering and passing a false and forged promissory note.” There was a' verdict of guilty, and a judgment, from which the defendant appeals.

— Hon. Lot Thomas, Judge. Ti-ie defendant was indicted, tried, and convicted of the crime of forgery; and judgment that he be committed to the penitentiary for a term of three months, and that he pay costs, was entered against him. From this judgment, he appeals.

— Hon. A. E. Dewey, Judge. This appeal is by H. M. Yan Yliet and Eobert Milner, sureties for the defendant on his appeal to this court, from an order overruling their motion to be released and exonerated as such sureties, because of having surrendered the defendant to the custody of the sheriff, as provided in section 1593 of the Code.

— Hon. J. M. Casey, Judge. Action for the recovery of specific personal property. A verdict was returned for the defendants by direction of the court, upon which a judgment was rendered. The plaintiff appeals.

— Waltee I. Smith, Judge. Action against the defendant for damages for a personal injury to J. E. Banning, which resulted in his death. .From a verdict and judgment for plaintiff the defendant appeals.

— Hon. James D. Smyth, Judge. Action to recover the value of a horse, the death of which is alleged to have been caused by the negligence of the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. James D. Gieeen, Judge. This is an appeal by the defendant from a judgment in a criminal prosecution upon an indictment charging him with the crime of forging a promissory note.

— Hon. J. D. Giffen, Judge. Indictment for obtaining money by false pretenses. The defendant demurred to the indictment, and, the demurrer being overruled, elected to stand upon his demurrer; whereupon judgment was entered against him, from which he appeals, and assigns as error the overruling of his demurrer.

— Hon. James D. Smyth, Judge. ' This is a proceeding to recover damages alleged to have been wrongfully caused by swine owned by the defendant. Prom an assessment made by the township trustees in favor of the plaintiff the defendant appealed to the district court. A submission of the cause in that court resulted in a judgment in favor of the plaintiff, from which the defendant appeals.

— Hon. James D. Smyth, Judge. Action to enjoin the obstruction of aright of way. There was a decree for the plaintiff, and the defendant appeals.

— Hon. C. P. Holmes, Judge. ' The defendant was indicted and tried for the crime of murder in the first degree, and convicted of murder in the second degree. He was adjudged to be confined in the penitentiary at Anamosa for the term of fifteen years, and from that judgment this appeal is prosecuted .

— Hon. James D. Smythe, Judge. The plaintiff, owner of one seventh, of the stock of the Iowa Rolling Mill Company, a corporation under the laws of Iowa, organized for the purpose of rolling and making iron at its works in Burlington, Iowa, prosécutes this action in equity to set aside a sale and conveyance of the works of said corporation to the defendant J. P. Holcomb in pursuance of certain resolutions adopted by the stockholders.

— Hon. H. O. Traverse, Judge. Indictment for seduction. There was a verdict of guilty, and a judgment thereon, from which the defendant appeals.

<p>1. Chattel Mortgage: defective acknowledgment: possession op mortgagee: notice. A chattel mortgage which is defectively acknowledged is not for that reason invalid as to third parties, where the mortgagee is in actual possession of the property.</p> <p>2. Practice: instruction: directing verdict: need not be in writing. An instruction to the jury in a cause to return a verdict as directed, need not be in writing; such direction not being an instruction within the meaning of sections 2784 to 2789 of the Code.</p> <p>3. Sales: delivery: order of vendee subsequently countermanded. Where, after an order for goods is accepted and acted upon by the vendor, by delivering the same to a railroad company for carriage, the vendee countermanded the order, but the countermand was not consented to by the vendor, and the goods were afterwards received by the vendee, and subsequently mortgaged by him as his own property, held, that the title to the goods passed to the vendee upon delivery to the carrier, and became complete, as against any right of the vendor to recall the same, upon the acceptance thereof by the vendee, and that the vendor could not thereafter recover possession of the same as against the mortgagee under said mortgage.</p>

— ITon. H. C. Traverse, Judge. Action in equity to recover possession of certain real estate, to correct errors in its description in a certain action instituted to subject it to the payment of a judgment, and to quiet the title to such real estate in the plaintiff. There was a hearing on the merits, and a decree which denied to the plaintiff a part of the relief demanded. From so much of the decree as is adverse to his interests, he appeals.

— Hon. W. I. Babb, Judge. Action to recover possession of specific personal property. There was a trial by the court without a jury, anda judgment in favor of the plaintiff. The intervenor appeals.

— Hon. P B. Wolee, Judge. Action upon a policy of insurance against loss by fire. The plaintiffs allege the issuing of the policy, the loss and proofs of loss, and ask judgment for one thousand, thirty-nine dollars and seventeen cents, with interest.

— Hon. E. L. Burton, Judge. Action at law' to recover damages for breach of warranty, and for fraud and deceit, in the sale of hogs by the defendants to the plaintiff.. There was a trial by jury, resulting in a verdict and judgment for the plaintiff. The defendants appeal.

— Hon. James D. Smythe, Judge. Action in equity to enjoin the obstruction of an alleyway. From a decree for the defendant, the plaintiff appeals.

— Hon. O. P. .Holmes, Judge. The defendant was indicted for the crime of murder in the first degree. He was convicted of murder in the second degree, and he appeals.

— Hon. W. I. Babb, Judge. Proceeding under the bastardy act for the support of a child. There was a verdict and judgment against the defendant, from which he appeals.

— Hon. A. W. Wilkinson, Judge. Action to recover double tbe value of a colt alleged to have been killed by the defendant in operating its railway at a point where it had a right to fence, but failed to do so. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. C. M. Waterman, Judge. The plaintiff brought its action on account for goods sold and delivered, and aided it by an attachment by virtue of which a stock of goods was seized in a certain building. The defendant made default, and judgment was entered against him for four hundred and sixty-seven dollars and costs, and the attachment was sustained on the twenty-first of April, 1892.

— Hon. W. H. Tedeord, Judge. Action on a policy of fire insurance to recover an amount alleged to be due on account of the destruction of the property insured by fire. There was a trial by the court without the intervention of a jury, and a judgment in favor of the defendant, the Anchor Fire Insurance Company for costs. The plaintiff appeals.—

— Hon. David Ryan, Judge. Action at law to recover the value of certain growing timber alleged to have been destroyed by fire set out by the trains upon the defendant’s railroad. The action was originally tried before a justice of the peace, and a judgment was rendered for the plaintiff. The defendant removed the cause to the district court, where the judgment-of the justice'of the peace was affirmed. The defendant appeals.

<p>Appeal from Appanoose District Court. — Hon. W. I. Babb, Judge.</p> <p>Action on a promissory note. There was a verdict and judgment for the plaintiff. The defendant appeals.</p>

— Hon. J. H. Apple-gate, Judge. Action at law to recover damages for a personal injury, which, the plaintiff claims she received by reason of the attack of a vicious dog, belonging to the defendants, upon a horse driven by the plaintiff and her sister, by reason of which attack the horse ran away, and the plaintiff was thrown upon a barbed wire fence, and was seriously and permanently injured. There was a trial hy jury, and a verdict and judgment for the plaintiff.

— Hon. W. I. Babb, Judge. The plaintiff states as his cause of action that on October 20, 1890, while deceased was using due care, the defendant negligently ran a train of cars and engine against the deceased, whereby he was killed; that the defendant was not only negligent in operating said train, but did, at the time, maintain a defectively construeted highway crossing. The plaintiff asks judgment for ten thousand dollars.

— Hon. G-eorge W. Wakefield, Judge. June, 15, 1891, the plaintiff commenced this action to recover of the defendant two thousand dollars and interest upon a promissory note for that amount, dated December 4, 1890. The plaintiff also sued out an attachment, alleging as ground therefor that the defendant was a nonresident of the state of Iowa.

— Hon. S. M. Weaver, Judge. This is a suit in equity to foreclose a mortgage upon certain real estate. There was a decree for the plaintiff. The defendants appeal.

— Hon. John J. Net, Judge. The plaintiff sold to the defendant certain real estate in Iowa, and received in payment two Nebraska district school bonds of five hundred dollars each, to each of which was .attached five interest coupons at twenty-five dollars each, numbered from five to ten. The defendant, in writing, guaranteed the payment of the bonds.

— Hon. S. M. Weaver, Judge. These two actions involve the validity of a claim of the City Bank of Marshalltown against the estate .of Mrs. M. P. Turner, deceased. The first case is an application to sell real estate to pay the claim, which claim was allowed as a claim against said estate by the approval of one Merrit Greene, then administrator, and by an order of the district court allowing the claim, and ordering it to be paid by the administrator.

— Hon. W. H. Tedeord, Judge. Action on a promissory note. Defense of a failure of consideration, and fraud, and a counterclaim. Judgment for the defendants, and the plaintiff appeals.

— Hon. J. K. Johnson, Judge. Garnishment proceedings on execution for the payment of a judgment in favor of the plaintiffs, and against the defendant, the Crescent Coal Company. The Chicago & Northwestern Railway Company and the Burlington, Cedar Rapids & Northern Railway Company were garnished as debtors of the defendant.

— Hon. J. J. Ney, Judge. This is an action to recover possession of certain real property, and damages for rents, and for wood cut and removed from the premises. The defendant pleaded the statute of limitations, which plea the court withdrew from the consideration of the jury, and ordered a verdict for the plaintiff, upon which judgment was entered. The defendant appeals.

— Hon. E. L. Burton, Judge. Action on a promissory note. There was a verdict and judgment for the plaintiff, and the defendant appeals.

— Hon. A. R. Dewey, Judge. Action in equity for an accounting, and to compel the conveyance of certain real estate to the plaintiffs. There was a hearing on the merits, and a decree in favor of the plaintiffs. The defendant appeals.—

— Hon. John J. Ney, Judge. Action in equity to have a certain conveyance of real estate decreed to be in trust, and to have the title to such real estate decreed to be vested in certain beneficiaries of the alleged trust. After the evidence had been fully submitted o;: iAe part of the plaintiff, the court sustained a nmaon to dismiss the petition, and .rendered judgment in favor of the defendants for costs. The plaintiff appeals.

— Hon. David Eyan, Judge. The plaintiffs, by the process of garnishment, seek to appropriate, as the property of their judgment debtor, certain money owing by the garnishees, and claimed by the intervenor. There was a trial by the court without a jury, and a judgment in favor of the intervenor. The plaintiffs appeal.

S. M. Weaver, Judge. This is a suit in equity between the legatees and devisees under tbe last will and testament of I. J. Grindem, deceased. There was a demurrer to the petition, which was sustained, and the petition was dismissed. The plaintiff appeals.

— Hon. L. O. Hatch, Judge. This is a suit in equity to abate a nuisance, and to enjoin the defendants from keeping or selling intoxicating liquors, contrary to law, in a certain building upon land owned by the defendants. There-was a trial upon the merits, and a decree for the plaintiff. The plaintiff appeals, and claims that the decree should have granted further relief.

<p>Appeal from, Harrison District Court. — Hon. GJ-. W. Wakefield, Judge.</p> <p>Action for divorce. There was a decree for the plaintiff, and the defendant appeals.</p>

— Hon. J. K. Johnson, Judge. Action to recover for the support of a child. There was a verdict and judgment for the defendant. The verdict was set aside, and both parties appeal.

— Hon. A. E. Dewey, Judge. The plaintiff, John H. Patten, was clerk of the district court in the defendant county for the years 1887 and 1888, and the other defendants were sureties on his official bond. During each of those years he collected as probate fees the sum of three hundred dollars.

<p>1. Chattel Mortgages: delivery. A debtor having agreed to execute a chattel mortgage to a creditor, and have the same recorded, the latter requested a notary to draft the mortgage, and leave it with the mortgagor. The amount to be secured was given to the notary, but nothing was said as to what property the mortgage was to cover. Before the mortgage was executed the mortgagee left for his home in another part of the state, and the mortgage remained in the hands of the notary for about three months, when it was handed to the mortgagor, who delivered it to tho mortgagee, and it was then recorded. Sold, that there was no delivery of the mortgage until it was received by the mortgagee.</p> <p>-: withholding prom RECORD: fraud. The mere failure to filo a chattel mortgage for record will not render such mortgage fraudulent as against subsequent creditors, in the absence of any agreement or understanding between the mortgagor and mortgagee that the same should be so withheld for the purpose of enabling the mortgagor to obtain further credit.</p>

— Hon. D. J. Lenehan, Judge. The plaintiff is a corporation located and doing business in the city of Waterloo, Iowa, and was incorporated for the purpose of supplying said city with water for public and private purposes for a period of twenty years, by virtue of a contract therewith.

— Hon. D. J. Lenehan, Judge. Action to recover for the painting of two pictures. There was a trial by the court, and a judgment in favor of the plaintiff. The defendant appeals.

— Hon. Gteokge W. Wakefield, Judge. The plaintiff was employed upon the defendant’s railroad as a brakeman; While coupling a flat car to a locomotive engine at Alton, in this state, his right hand was caught between the drawbars, and his hand was so crushed as that it became necessary to amputate the thumb and forefinger. He claims that the injury was received by reason of the defective condition of the railroad track at the place where he attempted to make the coupling.

— Hon. W. A. Hoyt, Judge. Action to recover for personal injuries alleged to have been sustained in consequence of the negligence of the defendant in not maintaining suitable rails or guards at a certain dangerous place in one of its streets, sufficient to prevent foot passengers from falling into said dangerous place.

<p>Title by Adverse Possession: color of title: life estatf, insufficient . Wliere a widow having a life estate only in an undivided, one third of certain real estate, conveyed her interest to C., who conveyed to B., and the latter afterwards quitclaimed his interest to the widow, who thereafter remained in possession of the property for more than ten years, but in conjunction with one of her children, who lived with his mother during his minority, and after attaining his majority built a house upon a part of the property, and occupied the same with his family, held, that the widow’s possession was neither exclusive nor adverse, so as to give her title by adverse possession.</p>

— Hon. D. J. Lenehan, Judge. Action in equity to enjoin the defendant sheriff from selling certain mortgaged personal property, and asking for the foreclosure of a real estate mortgage, also of a chattel mortgage. . There was. a demurrer to the petition, which was overruled, and the defendant sheriff appeals.

— Hon. F. R. G-aynoe, Judge. This is a suit in equity-, by which it is sought to cancel and set aside a conveyance of certain real estate made by plaintiffs to the defendant, on the ground that the same was procured by fraud and without consideration. There was a decree for the defendant, from which the plaintiffs appeal.

— Hon. S. M. Weavee, Judge. Action aided by attachment to recover an amount alleged to be due the plaintiff for pasturage, grain, and feed for horses and cattle owned by the defendant. The defendant denied the indebtedness alleged and pleaded counterclaims. There was a trial by jury, and a verdict and a judgment for the defendant. The plaintiff appeals.

— Hon. C. P. Holmes, Judge. This is an action in equity by wbicb the plaintiff seeks to set aside and cancel the satisfaction and discharge of a bond and mortgage upon certain real estate, and a decree that the plaintiff is the owner of said instruments, and that said mortgage is a valid lien on said real estate. It is also prayed that upon the restoration of said mortgage to the record, and the cancellation of the discharge of said bond, the said mortgage be foreclosed.

— Hon. A. E. Dewey, Judge. Action for balance of rent due on a lease. From a verdict for the plaintiff, the defendant appeals.—

— Hon. George H. Carr, Judge. Action in equity to quiet in the plaintiff the title to certain real estate. There was a hearing on the merits, and a decree in favor of the defendants. The plaintiff appeals.

— Hon. W. I. Babb, Judge. This is a suit in equity, brought against tbe administrator and heirs of Nancy Critser, deceased, to enforce the specific performance of a verbal contract, which the plaintiff alleges he made with the deceased, by which she agreed with the plaintiff that, if he would live with her, and take care of her as long as she lived, he should have all of her property at her death, and that she would carry out the said contract by her will.

— Hon. F. R. Gaynor, Judge. Action to recover sheriff’s fees. The plaintiff is the sheriff of the defendant county. The amount in controversy being less than one hundred dollars, the legal propositions to be considered are presented by a certificate from the trial judge. The question certified under the first count of the petition is as follows: 11 First.

— Hon. D. J. Lenehan, Judge. Action in equity to quiet in the plaintiffs the title to certain real estate. There was a hearing on the merits, and a decree in favor of the defendant. The plaintiffs appeal.

— Hon. A. E. Dewey and Hon. D. Eyan, Judges. Willis O. Wilcox died in 1881, seized of about one hundred and twenty-five acres of land, of which forty acres constituted his homestead. He left surviving him a widow, Sarah E. Wilcox, and seven children, among whom were the plaintiff, Ora M., and William H. and Eichard D. Wilcox. All the land is in one tract, and has since been occupied by the family. No administration was ever had on his estate.

— Hon. J. O. Sherwin, Judge. Action to enjoin a saloon nuisance. There was a decree for the plaintiff, and the defendant appeals.—

— Hon. James D. Smythe, Judge. This case involves the right of S. E. Nixon and another, who are creditors of the estate of Elizabeth P. Conrad, deceased, to payment of their claims from the avails of a life insurance policy upon the life of the husband of the deceased. The district court decided that said fund did not belong to the estate of the said Elizabeth P. Conrad, and from that decision the claimants appeal.

— Hon. J. H. Apple-gate, Judge, Action upon two promissory notes aggregating eight hundred dollars. The defendant answered, admitting the execution of the notes, and alleging by way of counterclaim the following: That about March 21, 1888, they purchased from the plaintiff, for breeding purposes, a stallion at the agreed price of one thousand, five hundred dollars.

— Hon. H. M. Townee, Judge. The defendant was convicted of the crime of libel. From the judgment, which required him to pay a fine of five hundred dollars and costs, he appeals.

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

— Hon. Scott M. Ladd, Judge. Action at law to recover the value of a quantity of flax seed alleged to have been wrongfully converted by the defendants to their own use. There was a trial by the court without a jury, and a judgment for the plaintiff. The defendants appeal. This agreement is one wherein the transfer of title or ownership of personal' property is made to depend upon a condition.

Appeal' from, Fayette District Court. — Hon. W. A. Hoyt, Judge. Action on an award. A demurrer-to the petition was sustained, and judgment rendered against the plaintiff for costs, from which he appeals.

— Hon. Lot Thomas, Judge. Emmetsburg and West Bend are stations on the defendant’s road. The regular fare between the stations is fifty-five cents. On the twenty-seventh day of October, 1890, the plaintiff purchased of the defendant’s agent at Emmetsburg a round-trip ticket to West Bend and return, for which he paid one dollar. The ticket was composed of two parts; one to be used in going, and the other in returning.

— Hon. Lot Thomas, Judge. Action to recover possession of certain articles of merchandise of the value of forty-nine dollars and ninety-three cents. Judgment was entered for the plaintiffs.

— Hon. S. M. Weaver, Judge. The following is a sufficient statement of the pleadings for an understanding of the questions presented: The plaintiffs brought this action to recover damages for the breach of an implied warranty in the sale to them of a threshing machine. The implied warranty relied upon was that the machine was suitable for the purpose for which it was purchased, namely, for threshing grain.

Action to partition the west half of section 26, the west half of section 35, and the northwest quarter of the southeast quarter of section 35, township number 99, range 37, in Dickinson county, Iowa.

— Hon. S. M. Weaver, Judge. Action in equity to compel the defendants, as township trustee and township clerk, to issue to the plaintiff an order, payable in money, for a balance due him as road supervisor. A demurrer to the petition was overruled, and, the defendants standing thereon, judgment was rendered against them, from which they appeal.

— Hon. Lot Thomas, Judge. Action in equity to subject certain land to the payment of a judgment in favor of the plaintiffs. There was a hearing on the merits, and a judgment in favor of the defendants for costs. The plaintiffs appeal.

This is a proceeding in contempt for the violation of an injunction against one Joseph Lamm, restraining him from keeping and maintaining a nuisance by the sale of intoxicating liquors. The district court held the defendant to be in contempt, and assessed a fine against him. The defendant sued out a writ of certiorari, and asks that the proceeding and judgment be reversed by this court.

— Hon. G-eorge W. Wakefield, Judge. The plaintiffs commenced an action against the defendant, J. H. Lee, aided by an attachment, which was levied upon certain lots in the town of Missouri Valley. Mary E. Lee intervened, claiming to be the absolute and unqualified owner of tbe lots. There was a bearing on tbe merits, and a judgment against tbe intervenor, and in favor of tbe plaintiffs for costs. Tbe intervenor appeals.

— Hon. S. M. Weaver, Judge. Action to enforce specific performance of an agreement for the conveyance of land. There was a decree for the plaintiff, and the defendant appeals,

— Hon. D. B. Hindman, Judge. Action in equity to enjoin the defendants from selling certain real estate. From a judgment and decree for the plaintiff. The defendants appeal.—

Appeal' from Louisa District Court. — Hon. D. Eyan, Judge. Action at law to recover a balance claimed to be due to the plaintiff upon a contract entered into with the defendant to construct certain sections of a levee on Muscatine island. There was a trial by court upon the merits., and the plaintiff’s petition was dismissed, and judgment rendered against him for costs, and he appeals.

— Hon. S. R. Davis, Judge. The plaintiff is a corporation organized for the purpose of supplying water to the inhabitants of the city of Crestón. It seeks by this proceeding to condemn a strip of land thirty feet wide through the defendant’s farm, upon which it proposes to maintain a railroad track from the Chicago, Burlington & Quincy Railroad to its waterworks plant, which is situated about three quarters of a mile. from the main line of the railroad.

— Hon. A. R. Dewey, Judge. This action is to recover the agreed price of a lot of piling sold and delivered by plaintiff to the defendant under a contract to deliver piling of certain specified dimensions and quality.

— Hon. George W. Wakefield, Judge. Action to quiet title in the plaintiff to lot 9, block 41, Middle Sioux City, Woodbury county, Iowa. A decree was entered dismissing the plaintiff’s petition, from which he appeals.

— Hon. J. H. Henderson, Judge. The plaintiff and defendant are farmers in Adair county, Iowa. In July, 1890, the defendant went to Nebraska, and while there he purchased and shipped to his farm in Adair county three car loads of hogs for the purpose of feeding them.

— Hon. J. K. Johnson, Judge. This is a proceeding to establish a public highway. The petition praying the establishment of the highway was signed by some forty-three persons, and was filed with the auditor of the county. The proposed highway ran along the line of the plaintiff’s farm, and occupied some forty feet in width thereof. He filed a claim for damages. Commissioners were appointed, and his damages were assessed at one hundred and sixty dollars.

— Hon. Q-eorge H. Carr, Judge. Action on a written order'forbindingtwine. From a verdict and judgment for the defendant, the plaintiff appeals.

Appeal- from Harrison District Court. — Hon. G-eobge W. Wakefield, Judge. Stephen King, as assignee of Phineas Cadwell and William C. Cadwell, reported as paid certain claims made against the individual estate of Phineas Cadwell, and asked the allowance of certain other claims. The appellees filed objections to the report. The assignee filed an answer to the objections, and to.that the appellees filed a reply.

— Hon. J. M. Casey, Judge. Action to set aside a conveyance of real estate. There was a judgment for the defendants, and the plaintiff appeals.

— Hon. G-eobge W. Wakefield, Judge. Action in equity to quiet title to certain lands. From a judgment and decree for the plaintiff, the defendant appeals.

— Hon. George H. Carr, Judge. Proceeding to establish a lost corner. There was a judgment and decree for the plaintiff, and the defendant appeals.

— Hon. L. O. Hatch, Judge. Proceeding in equity to subject real estate owned by a wife to the payment of a fine and costs adjudged in a contempt- proceeding against the husband. A demurrer to the petition was sustained, and the plaintiff appeals,

— Hon. John J. Ney, Judge. The plaintiff was a brakeman on one of the defendant’s railroad trains. He claims damages for a personal injury which he alleges he received by falling into what is called a “manhole” on the top of the tender of an engine.

— Hon. J. D. Gieeen, Judge. The defendant was indicted, tried, and convicted of the crime of seduction, and judgment entered, against him, from which he appeals.

— Hon. A. B. Thornell, Judge. Action to recover a donation for the construction of a railway. There was a verdict and judgment for the defendants, and the plaintiff appeals.

— Hon. S. M. Weaver, Judge. In February, 1888, the defendant, Joseph Row, was convicted in the district court of Boone county of the crime of manslaughter, and sentenced to five years’ imprisonment in the penitentiary. From the judgment he appealed to this court, and filed his bond to supersede the judgment, and the other defendants in the case are the sureties on the bond.

— Hon. H. M* Townee, Judge. The defendant was charged by indictment with the-crime of murder, was tried by jury, found guilty of murder in the first degree, and the punishment designated in the verdict was death. From the judgment rendered on the verdict, fixing the date of his execution on the sixteenth day of June, 1893, the defendant appeals.

— Hon. A. R. Dewey, Judge. J. H. Johnson, Phil Davis,. Fred Coryell and Dick Wires were charged by indictment with riotously assembling together to injure a building. They demanded separate trials, and the state elected first to try Davis. A jury was accordingly impaneled, and the trial was commenced. After the evidence on the part of the state had been submitted, a motion to direct a verdict for the defendant Davis whs sustained, and judgment was rendered in his favor.

— Hon. Walter I. Smith, Judge. The plaintiff, a creditor of the estate of Jesse L. Jones, deceased, brings this action upon the official bond of the defendant, T. E. Wallace, as clerk of the district and circuit courts of Cass county, to recover of the defendant Wallace as principal, and the other defendants as sureties, the amount due to the plaintiff from said estate, upon the ground that the defendant Wallace was, as such clerk, guilty of negligence in approving the bond…

<p>Appeal from Crawford District Court. — Hon. O. D. Goldsmith, Judge.</p>

— Hon. J. E. F. McGtEE, Judge. The plaintiff is a gardener by occupation. The defendant is a physician and surgeon. On the eleventh day of June, 1890, .the plaintiff sustained a fracture of his left arm between the wrist and elbow. Both of the bones of the arm were broken. He employed the defendant to reduce the fracture and treat the injury. The defendant at first bound up the arm in splints, and afterwards incased it in a plaster cast.

District Court. — Hon. J. H. Preston, Judge. The defendant was convicted, before a justice of the peace, for a violation of chapter 68, Acts of the Twenty-Fourth General Assembly, with reference to driving- steam engines over bridges and culverts without the use of planks. He appealed to the district court, where he was again convicted, and he then appealed to this court.

— Hon. A. B. Thornell, Judge. Action in equity by which the plaintiff demands judgment on certain promissory notes, and the foreclosure of a chattel mortgage given to secure the same. The notes were executed by the defendant to the plaintiff for the purchase money of a stallion.

<p>Appeal from Council Bluffs Superior Court. — Hon. J. E. F. McG-ee, Judge.</p>

— Hon. A. B. Thorn- • ell, Judge. Action on a policy of fire insurance. There was-a judgment for the plaintiff, and the defendant appeals.

— Hon. N. W. Macy, Judge. Action in equity for an accounting, and to compel contribution on account of partnership debts. There was a hearing on the merits, and a decree in favor of the plaintiff. ■ The defendants appeal.

— Hon. J. H. Preston, Judge. Action at law to recover damages for a personal injury which the plaintiff sustained while engaged in the service of the defendant as brakeman on a freight train. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.— The neglect of the plaintiff to return the money received under the. settlement is fatal to his recovery.

— Hon. J. E. F. McG-ee, Judge. Action at law to recover one half of the cost of a partition wall erected by the plaintiff on the line between lots owned by the plaintiff and the defendant. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiff appeals.

— Hon. N. W. Macy, Judge. These cases were, by stipulation, submitted together, separate decrees to be entered, and are so submitted on this appeal.

Pottawattamie District Court. — Hon. H. E. Deemer, Judge. Action in equity, to recover an amount due for labor and material furnishedjfor the erection of a dwelling house, and to establish a mechanic’s lien. There was a hearing on the merits, and a judgment in favor of the plaintiffs for the amount due, but their right to a lien therefor was denied. The plaintiffs appeal.—

— Hon. Charles D. Goldsmith, Judge. Action to recover the possession of specific personal property. After the evidence had been fully submitted in the district court, a motion to direct a verdict for the plaintiff was sustained, and judgment was rendered in his favor. The defendant appeals.

— Hon. N. W. Maoy, Judge. The defendant is the sheriff of Audubon county, in this state, and as such, by virtue of a search war-rani; issued by a justice of the peace, he seized and took a quantity of intoxicating liquors from the custody of John Mullen and William Burns.

— Hon. H. E. Deemer, Judge. Action to recover damages for a personal injury-resulting in the death of Kate Bryson. There was a verdict for the plaintiff for one dollar. From orders overruling a motion to direct a verdict -for the defendant, a motion for judgment for the defendant on the special findings, and from a ruling granting the plaintiff a new trial, the defendant appeals.

— Hon. H. E. Deemer, Judge. Action in equity to reform an executor’s bond, and for judgment thereon, against J. A. Hamilton as principal, and 'William Phillips and John Roan as sureties. The defendants, Phillips and Roan, answered, denying generally, and specifically denying that they signed the bond sued upon, and denying that any judgment was rendered against Hamilton in favor of said estate.

— Hon. G-eoege W. Paine, Judge. Action at law to recover an amount due the plaintiff on account of money advanced on drafts for which the defendants, the Pomeroy Exchange Bank, F. A. Kenyon, F. L. Kenyon and A. A. Horton are alleged to be liable. F. A. Kenyon did not enter an appearance, and a default was entered against him.

— Hon. John T. Stoneman, Judge. Action at law to recover upon a written contract for the erection of a monument in a cemetery. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendants appeal.

— Hon. W. F. Conrad, Judge. This is an action of mandamus to compel the defendant, who is secretary of state, to furnish the plaintiff with a certified copy of the constitution of the state, and to include in -said copy an alleged amendment to the constitution, which it is- claimed was adopted, and made part of that instrument, in the year 1882. The defendant refused to certify the alleged amendment as part of the constitution.

— Hon. L. G. Kinne, Judge. Action for damages to the plaintiff’s team on the defendant’s right of way. There was a judgment for the plaintiff, and the defendant appeals.

— Hon. J. H. Preston, Judge. Action to recover the amount of a cheek drawn by the defendant. After the evidence on the part of the defendant had been submitted, the court directed a verdict for the plaintiffs, and rendered judgment for the amount of the verdict, which was returned as ordered. The defendant appeals.

— Hon. H. E. Deemer, Judge. Action for judgment on an account and to foreclose a mechanic’s lien. From a decree refusing the enforcement of the lien the plaintiffs appeal.

— Hon. J. H. Macomber, Judge. • Action in equity in two counts for the foreclosure of two separate mortgages on real estate, executed by Sarah A. Newcomb by her then name of Sarah A. Foley, to secure her certain promissory notes. No defense is made against the first mortgage, therefore it will not be further noticed.

Foreclosure of Mortgage: decree. Appeal from Polk District Court. — Hon. Charles A. Bishop, Judge. This is an action in equity to foreclose a mortgage on real estate given by the defendant York to the plaintiff. The defendant Bently Worth and others were made defendants, as having some interest. The defendant Worth alone appeared and answered. . A decree was entered in favor of the plaintiff, from which the defendant Worth appeals.—

<p>Bastardy: evidence: instructions to jury.</p> <p>Appeal from Webster District Court. — Hon. D. E. Hindman, Judge.</p> <p>Proceeding under the statute to charge the defendant with the maintenance of a bastard child. There was a verdict and judgment for the state, and the defendant appeals.</p>

Original Notice: service on absent defendant: estoppel: homestead. Appeal from Mills District Court. — Hon. N. W. Macey, Judge. Action to establish a priority of liens. Judgment for the defendant, and the plaintiff appealed.

Boundaries: action to determine: evidence: statute of limitations. Appeal from Johnson District Court. — Hon. S. H. Fairall, Judge. The parties plaintiff and defendant are owners of adjoining lots in Iowa City, upon both of which buildings were erected many years ago. The buildings occupy the whole of the lots.

Sales: authority of agent : declarations : instructions : evidence. Appeal from Butler District Court. — Hon. G. W. Buddiok, Judge. Action at law to recover damages for the defendant’s failure to ship to the plaintiff four thousand, seven hundred and seventy-two and one half pounds of butter as per an alleged agreement. The defendant answered, •denying generally. From a verdict and judgment for the plaintiff, the defendant appeals.

Action on Promissory Note: partial payments: evidence. Appeal from, Dallas District Court.- — Hon. 3. H. Applegate, Judge. Action on a promissory note. There was a verdict and judgment for the plaintiff, from which the defendant appeals.

Contracts: statute of frauds: pleading: evidence. Appeal from Woodbury District Court. — Hon.'Scott M. Ladd, Judge. Action to recover for an alleged breach of a contract to deliver two thousand kegs of wire nails. The defendant denied that the plaintiff made any contract with the defendant for the purchase of nails. There was a trial by jury.

Partnership: contract: construction. Apjpealfrom Taylor District Court. — Hon. H. M. Towner, Judge. Action by a partner to recover a balance due him under the partnership contract. Erom a judgment for the plaintiff the defendants appeal.

Action to Quiet Title: former adjudication: adverse pos session. Appeal from Humboldt District Court. — Hon. Lot Thomas, Judge. This is an action in equity to quiet the alleged title of the plaintiff to certain lands in Humboldt county. There was a full hearing on the merits and a decree for the plaintiff. The defendants appeal.

Liquor Nuisance: conviction: appeal. Appeal from'Polk District Court. The defendant was indicted, tried, and convicted of the offense of maintaining a nuisance by the sale of intoxicating liquors, and he appeals.

Personal Injury: contributory negligence: evidence. Appeal from Mahaska District Court. — Hon. David Ryan, Judge. Action for damages for a personal injury sustained by one T. Q-. Klepper, Jr., a bralteman on one of the defendant’s trains. Klepper stepped.off a moving train upon a depot platform, and fell upon the platform, and rolled between the platform and the ears, and his right hand was crushed and injured so that amputation above the wrist became necessary.

<p>Criminal Canse: appeal: record.</p> <p>Appeal from Davis District Gowt. — Hon. Charles D. Leggett, Judge.</p>

Judgment: assignment : evidence. Appeal from Cedar District Cowrt. — Hon. J. H. Preston, Judge. Summary proceeding for judgment against the defendants. Judgment rendered for the intervenors, from which the plaintiffs appeal.