Abbildungen der Seite
PDF
EPUB

APPEAL.
1. TO SUPREME COURT: PRACTICE: AFFIRMANCE OF JUDGMENT ON

MOTION. Under section 3515 of the Revision, which provides that
if the appellant fails to file the transcript which has been sent up,
the appellee may file the same, and on motion may have the appeal
dismissed or judgment affirmed, an appellee cannot have the
judgment affirmed where notices of appeal were not served on
the clerk and appellee until within fifteen days of the term, though
the supersedeas was filed that length of time before. Pratt v. T'he

Western Stage Co., 241.
2 REQUISITES OF AN APPEAL: EFFECT OF SUPERSEDEAS. An appeal

is not perfected until service of notice thereof. Merely filing a
supersedeas bond does not amount to the taking of an appeal; and
the execution of a judgment should not be stayed unless in addi-
tion to the filing and approval of the supersedeas, there is also

notice of appeal served, at least upon the clerk. Id.
3. If the supersedeas bond is filed, and no notice of appeal is served, at

least upon the clerk, he should not recall the execution, if one has

been issued, nor issue an order to stay proceedings thereunder. Id.
4. AFFIRMANCE OF JUDGMENT ON NOTICE TO CLERK. It seems, that,

under sections 3514, 3515 of the Revision, an appellee may, in
proper cases, have an affirmance by showing that the clerk has
been served in time with notice of appeal, without showing that

the party has also been served with such notice. Id.
5. To SUPREME COURT: TIME. An appeal to the Supreme Court will

be held to have been taken in time, although the transcript shows
the judgment to have been rendered more than one year before
the notice of appeal was given, if it also appears from the trans-
cript, that at the term the judgment appears to have been rendered
a motion for a new trial was made by defendant, which was not
decided until some time after the close of that term, and within
one year before the notice of appeal, and that the judgment was
not, in fact, rendered until that time. Kendall v. Lucas County,

395.
6. EXCESSIVE JUDGMENT. A judgment of the District Court, claimed

to be excessive, will not be reviewed on appeal to the Supreme
Court until after a motion to correct the judgment has first been
made and overruled in the court below. Rev. 3545. Dickey v.

Harmon, 401.
7. MOTION FOR NEW TRIAL: CONSTITUTIONAL LAW. So much of sec-

tion 2, chapter 49, Laws of 1866, as provides that it shall not be
necessary, where the parties waive a jury and the cause is tried to
the court, in order to secure to either party the right to have the
case reviewed on appeal, to file a motion for a new trial in
the District Court, is not in conflict with article 5, section 4 of the
State Constitution, which provides that the Supreme Court shall
have jurisdiction only in cases in chancery, and shall constitute a
court for the correction of errors at law, under such restrictions as
the General Assembly may prescribe. Coffin v. The City of
Davenport, 515.

ATTACHMENT.
1. DEMANDS EX-CONTRACTU. A claim for damages resulting from the

diseased condition of sheep represented to be sound, is a demand
founded upon contract, and the petition for an attachment in an
action founded thereon need not be presented to a judge for an
Vol. XXVI. - 77

allowance of the amount in value of property to be attached, as
prescribed in section 3177 of the Revision. Swan et al. v. Smith et
al., 87.

2. DAMAGES FOR WRONGFUL SUING OUT: PLEADING. In an action for

damages for the wrongful suing out of an attachment, the plead.
ing must negative the truth of the matters alleged in the petition

for the attachment. ld.
3. MOTION TO DISCHARGE ATTACHED PROPERTY. In order to justify

the discharge of attached property under section 3239 of the
Revision, on the ground that it is exempt from the levy, the case

should be made clear and satisfactory. McLaren v. Hall et al., 297.
4. CAUSE CANNOT BE PUT IN ISSUE. The defendant in an attachment

proceeding cannot, in the main action, put in issue, as a defense,
the truth of the cause alleged for the attachment. Id.

See GARNISHMENT.

ATTORNEY AND CLIENT.
INTEREST ON COLLECTIONS. While an attorney may avoid all liability

for interest on money collected by him for his client by depositing
it in bank to his client's credit, or by keeping it on hand ready
for delivery, yet, if it be shown that the attorney used the money
as his own, he will be held liable for interest thereon during such
use. Mansfield v. Wilkerson, 482.

See PARTIES, 2.

PRACTICE, 14.

BAIL BOND.
FORFEITURE: VENUE. Where a defendant in a criminal prosecution

takes a change of venue to another county, and gives bail for his
appearance at the District Court of the latter county, which is for.
feited for want of appearance, the forfeiture belongs to the county
where, by the terms of the bond, the defendant was to appear,
rather than to the county where the indictment was found; and
suit on the undertaking should be brought in the county thus
entitled. Decatur County v. Maxwell, 398.

BILLS AND NOTES.
1. DAYS OF GRACE: NEW YORK STATUTE AS TO BANKERS. A person

claiming an exemption from liability on a bill of exchange upon
drawees in New York, by reason of the New York statute, passed
April 14, 1857, denying grace on all sight bills, and those appear-
ing on their face to have been drawn upon any bank, banking
association, or individual banker carrying on a banking business
under the act to authorize banking, must show affirmatively that
he comes within such exemption; and if it does not so appear
on the face of the bill, it will not be presumed. The Mt. Pleasant

Branch of the State Bank v. McLeran et al., 306.
2. DEMAND: WHO MAY MAKE. While a demand of payment should be

made by the owner of the paper, either personally or by his daly
authorized agent, this agency is sufficient if made by parol, and it
may be created by handing over the bill with instructions to
demand payment. Id.

1

3. DRAWEES MAY ACT AS AGENTS. The drawees in a bill of exchange

may act as the agents of the holder, in procuring a proper present-
ment and protest, in order to secure the holder's rights against

third parties to the paper. Id.
4. PRESENTMENT TO PARTNER. The presentment to one of the part-

ners, of a bill drawn upon the firm, is sufficient. Id.
5. GUARANTOR UNDER THE STATUTE. A guarantor under our statute

(Rev. S 1800) is chargeable without notice of non-payment, if the
holder show affirmatively that the guarantor has received no detri-

ment from the want of notice. Id.
6. CHECKS. It seems, that a draft drawn by one banker upon another

in a different State, having funds of the drawer on deposit, in favor
of a third person as payee, is to be regarded simply as a banker's
check, and not as a foreign bill of exchange. Roberts, Assignee, v.

Austin, Corbin & Co. et al., 315.
7. RIGHTS OF HOLDER: BANKRUPTCY OF DRAWER BEFORE ACCEPTANCE.

The holder of such a check may maintain an action thereon, before
acceptance, against the drawee thus having the funds of the drawer
in his hands, and wrongfully refusing to pay the same; and the
general assignment of the drawer for the benefit of his creditors,
after drawing the check but before the same is presented, will not
invest his assignee with the right to the money represented by the
check nor affect the rights of the payee thereto.
Argu. 1. PROMISE OF ONE TO PAY ANOTHER. In cases of simple contracts, if

one person makes a promise to another for the benefit of a third, the lat-

ter may maintain an action upon it.
Argu. 2. IMPLIED PROMISE. There is an implied promise on the part of the

bank receiving deposits to pay out the same upon the checks of the
depositor; and when the depositor indicates by his check the person to
whom the money shall be paid, such implied promise inures to the person
thus indicated. ld.

BRIDGES.
HIGHWAY: LIABILITY OF COUNTY. A county is liable for injuries result-

ing from the non-repair of a county bridge, to a person while travel-
ing the public highway. Kendall v. Lucas County, 395.

See HIGHWAY, 7, 8.

CASES IN IOWA REPORTS, CITED, FOLLOWED, ETC.
Abercrombie v. Redpath, 1 Iowa, 111. Baker & Griffin v. Steamboat Milwaukie,

Vendor and Vendee. Van Driel v. 14 Iowa, 214. Constitutional law. The
Rosierz, 577.

State v. Squires, 343.
Arnold v. Grimes and Chapman, 2 Iowa, Ballinger v. Tarbell, 16 Iowa, 491. Judg-

3. Patent. Heirs of Klein v. Argen- ment lien. Chapman v. Coats, 292.
bright, 496.

Balcom v. Dubuque & Sioux City R. R.
Arnold v. Grimes, 2 Greene, 77. Patent. Co., 21 Iowa, 102. Railroad. Davis v,

Heirs of Klein v. Argenbright, 495. Burlington & Missouri River R. R. Co.,
Altex, Noyes & Co. v. Phelan & Ander- 552.
aon, 5 Iowa, 341. Contract. Sackett v. Beckwith et ax. v. Dargets, 18 Iowa, 303.
Osborn, 146.

Parties. Turner v. The First National
Bartruff v. Remey. 15 Iowa, 259. Consti- Bank of Keokuk, 567.

tutional law. The State v. Squires, 357. Bell v. Evans, 10 Iowa, 353. Alimony.
Barney v. Barney, 14 Iowa, 191. Divorce. Harshberger v. Harshberger, 506.
McEwen v. McEwen, 376.

Bell v. Foutch, 21 Iowa, 119. Bridges.
Bartlett

v. Dubuque & Sioux City R. R. Soper v. Henry County, 269.
Co., 20 Iowa, 188. Railroad. Daris v. Blake v. Blake, Iowa, 46. Husband and
Burlington & Missouri River R. R. Co., wife. McKee v. Reynolds, 590.
552.

Blake v. Graves, 18 Iowa, 812. Evidence.
Barrett v. Brooks, 21 Iowa, 144. Bridges. Murray v. Cone, 279,
Soper v. Henry County, 269.

Boardman v. Beckwith, 18 Iowa, 292.
Baker v. The Steamboat Milwaukee, 14 Constitutional law. The State v.
Iowa, 225. Instructions. Hunt y. The Squires, 348.
Chicago & N. W. R. R. Co., 366. Bondurant v. Crawford, 22 Iowa, 40. In-
structions. Hunt v. The Chicago & Dubuque County v. The Dubuque &
N. W.R.R. Co., 366.

Pacífic R. R. CO., 4 Greene, 1. Rail-
Boyd v. First Nat. Bank, 25 Iowa, 255. road bonds. McClure v. Orrea, 31.
The State v. Hall, 297.

Dubuqce Female College v. Dist. Town-
Breckenridge v. Brown, 9 Iowa, 396. Ali- ship, 13 lowa, 555. Statute. Bentett
mony. Harshberger v. Harshberger and v. Fisher, 500.
Harshberger, 505.

Dubuque Female College v. Dist. Town-
Bringholff v. Munzenmaier, 20 Iowa, 513. ship of Dubuque, 13 Iowa, 561. Con.

Fixtures. Sowden & Co. v. Craig, 166. tract. Sackett v. Osborn, 146.
Brinton v. Seevers, 12 Iowa, 389. Con. Evans v. McGlasson, 18 lowa, 151. Judg.

stitutional law. The State v. Squires, ment lien. Chapman v. Coats, 991.
347.

Er parte Pritz, 9 Iowa, 30. Constitutional
Brinton v. Seevers, 12 Iowa, 389. Stat. law. The State v. Squires, 343.
ute. Bennett v. Fisher, 500.

Finnagan v. Manchesier, 12 Iowa, 591.
Brown v. Jefferson County, 16 Iowa, 339. Alimony. Harshberger v. Harshlarge

Bridges. Soper v. Henry County, 269. and Harshberger, 505.
Kendall v. Lucas County, 398.

Foley v. Howard, 8 Iowa, 56. Deed.
Bruck v. Broesigks, 18 Iowa, 393. Tax Robinson v. Gould, 93.
sale. Miller v. Gregg, 77.

Foteau v. Lepage, 6 lowa, 123. Evidence.
Burtis v. Cook & Sargent, 16 Iowa, 194. Sykes v. Bates, 535.

Judgment lien. Chapman v. Coats, Fountain v. West, 23 Iowa, 14. Practice.
291.

Preston v. Walker, 208.
Burdick v. Heivly, 23 Iowa, 511. Adveree Frans v. Young & Sewell, 24 Iowa, 575.

possession. McNamee v. Moreland, Joint ownership of chattels. Conocer
107

v. Earl, 169.
Burne v. Keas, 21 Iowa, 258. Homestead. Gaines v. Robb, 8 Iowa, 193. Railroad
Dodds v. Dodds, 312.

bonde. McClure v. Oncen, 252,
Burrows v. Lehndorff, 8 Iowa, 96. At-Gardner v. Baker, 35 Iowa, 343. Judicial
tachment. McLaren v. Hall, 301.

sale. King v. Tharp, 27.
Byers v. Rodabaugh, 17 Iowa 53. De-Greenough v. Sheldon, 9 Iowa, 52.
murrer. Turner v. First National Bk. Judgment and default. Hunt & Keir
of Keokuk, 566.

dall v. Sterens & Alrerem, 101,
Cadwallader & Co. v. Blair, 18 Iowa, 420. Goodpaster v. Voris. 8 Iowa. $35. Prac-

Practice. Phillips v. Starr & Co., 352. tice. Preston v. Walker, 28.
Carle v. Knott, 16 Iowa. 379. Partner-Greenough v. Wigington, 2 Greene, $33.
ship. Murdock v. Mehlhop, 215.

Husband and wife. McLaren v. Had
Carnes v. Crandall, 4 Iowa, 151. Alimo. 306.

ny. Harshberger v. Harshberger and Haight v. City of Keokuk, 4 Iowa, 27.
Harshberger. 505.

Adverse possession. McNanut v. Vore-
Childs v. McChesney, 20 Iowa, 436. Hus- land, 100.

band and wife. Richmond v. Tibbles Hamilton v. The State Bank, N Iowa,
and Husband, 478.

306. Instructions, Hunt v. The Chi.
Clapp v. Cedar County, 5 Iowa, 15. Rail. cago & N. W. R. R. CO., 366.

road bonds. McClure v. Onoen, 251. Hays v. Turner, 23 Iowa, 214, Nonsait.
Cole v. Connor, 10 Iowa, 299. Alimony. Mansfield v. Wilkerson, 485.

Harshberger v. Harshberger and Harsh- Helphrey v. Ross, 19 lowa, 41. Tax
berger, 505.

sale. Miller v. Gregg, 75.
Cooley v. Brayton, 16 Iowa, 10. Judicial Hendrickson v. Kingsbury: 21 Iowa, 379.

sale. Cunningham v. Felker, 119. Punitive damages. Garland v. Whole
Crum v. Cotting, 22 Iowa, 423. Tax sale. ham, 185.
Wilder v Gregg, 76.

Holliday v. Holliday, 10 Iowa, 200. Frand-
Darrance v. Preston, 18 Iowa, 396. Ali. ulent conveyance. Stephens v. Heirs

mony. Harshberger v. Harshberger and Harrow, 465.
Harshberger, 506.

Hubbard 'v. Curtis, 8 Iowa, 1. Partner-
Davenport, City of, v. Peoria Ins. Co., 17 ship. Hawk Eye Wooden Mills v. Conh-

Iowa, 276. Insurance. Viele v. The lin, 426.
Germania Ins. Co., 53-58.

Hughes v. Feeter, 23 Iowa, 547. Judicial
Davenport Mutual Saving Association v. sale. King v. T harp, 287.

Schmidt, 15 Iowa, 213. Highway. The Hurst v. Sheets, 21 Iowa, 501. Judg.
State v. Lane, 225.

ment lien. Chapman v. Coats, 292.
Davis v. O'Farrell, 4 Greene, 168. Con. Isett & Brewster , Lucas, 17 Iowa, 503.
stitutional law. The State v. Squires,

Judgment lien. Chapman v. Coats,
347.

292.
Davis v. The Hartford Fire Ins. Co., 13 Johnson County v. Rugg, 18 Iowa, 138.
Iowa, 69.

Insurance. Viele v. The Husband and wife. McLaren v. Hau,
Germania Ins. Co., 53.

306.
Davis & Bro. v. Woolnough, 9 Iowa, 107. Jolly v. Jolly, 1 Iowa. 9. Divorce. Mo

Constitutional law. The State v. Elcen v. McEwen, 376.
Squires, 343.

Jones v. Berkshire, 15 Iowa, 318. Stat.
Dean v. Goddard, 13 Iowa, 492. Judicial ute. Bennett v. Fisher, 500.

sale. Cunningham y. Felker, 119. Jones v. Berkshire, 15 Iowa, 248. Con-
Decorah y. Bullis, 25 Iowa, 12. Consti. stitutional law. The State v. Squires,

tutional law. The State v. Squires, 347.
848.

Jones v. Crosthwaite, 17 Iowa, 402.
De Moss v. Haycock, 15 Iowa. 149. In- Husband and wife. Richmond v. Tide

structions. Hunt v. The Chicago & N. Oles and Husband, 479.
R. R. CO., 366.

Jones v. Crosthwaite, 17 Iowa, 893.
Husband and wife. McKee v. Rey- and Husband, 479. McLaren v. Hall,
nolds, 582

306.
Keenan v. The Mo. St. Mut. Ins. Co., 12 Penny v. Cook, 19 Iowa, 538. Pleading.

Iowa, 126. Insurance. Viele y. The Shawhan v. Long, 491.
Germania Ins. Co., 53, 58, 65.

Pierson v. David, 4 Iowa, 410. Judge
Kinyon v. Palmer, 18 Iowa, 377. Demur- ment by default. Hunt & Kendall y.

rer. Turner v. First National Bank of Stevens & Alverson, 401.
Keokuk, 566.

Phares v. Walters, 6 Iowa, 106. Consti.
Kramer v. Conger, 16 Iowa, 434. Plead- tutional law. The State v. Squires,
ing. Shawhan v. Long, 491.

347.
Loeber v. Delahaye & Co.7, Iowa, 478. Plummer v. Roads, 4 Iowa, 587. Demur.

Judgment by default. Hunt & Kendall rer. Hull & Co. v. Alexander, 570.
V. Stevens & Alrerxon, 401.

Rees v. Leech et al., 10 Iowa, 439. Prac-
Lord v. Gaddis, 6 Iowa, 57. Attachment. tice., Mansfield v. Wilkerson, 485.
Swan v. Smith, 89.

Reynolds v. Kingsbury, 15 Iowa, 238.
Lucas v. Hart, 5 Iowa, 419. Adverse Constitutional law. The State v.

possession. McNamee v. Moreland, Squires, 347.
110.

Robey et al. v. Knowlton, 23 Iowa, 544.
Lyon v. McIlvane, 24 Iowa, 9. Mortgage. Statute of limitations. Howells v. Pat-
Deeter v. Crossley, 183.

ton, 537.
Lyon v. Metcalf, i2 Iowa, 93. Husband Rock v. Wallace, 14 Iowa, 593. Railroad

and wife. Richmond v. Tibbles and bonds. McClure v. Owen, 250.
Husband, 478.

Rodemyer v. Rodman, 5 Iowa, 429. Hus-
Mann v. Cross, 9 Iowa, 327. Interest. band and wife. Richmond v. Tibbles
Prexton v. Walker, 210.

and Husband, 479.
Meyer v. Meyer, 23 Iowa, 360. Home- Rosierz v. Van Dam, 16 Iowa, 175. Plead-
stead. Dodds v. Dodds, 313.

ing. Shawhan v. Long, 491.
McCarver v. Neeley, 1 Greene, 360. Non- Ross v. Hayne, 3 Greene, 211. Evidence.
suit. Mansfield v. Wilkerson, 485.

Murray v. Cone, 279.
McCullom v. Blackhawk County, 21 Iowa, Ruble v. McDonald, 7 Iowa, 90. New

409. Highway. Soper v. Henry County, trial. Riley v. Monohan, 509.
269.

Rush v. Davenport, 6 Iowa, 443. Cor-
McGreggor v. Bayliss, 19 Iowa, 47. Con- poration municipal. Soper v. Henry

stitutional law. The State v. Squires, County, 268.
313.

Russ v. Steamboat War Eagle, 14 Iowa,
McMillen v. Boyles, 6 Iowa, 304. Consti- 364. Evidenco. Stanley v. Morse and
tutional law. The Stats v. Squires,

Morse, 456.
347.

Russel v. Hawley, 20 Iowa, 219. Rail-
McMillan v. Boyles Co. Judge, 6 Iowa, road. Daris v. Burlington & Missouri

306, 391. Statute. Bennett v. Fisher, River R. R. Co., 552.
500.

Ryerson v. Hendrie, 22 Iowa, 481. Par-
McMillan v. Lee County, 3 Iowa, 311. ties. Hosmer v. Burke, 356.

Railroad bonds. McClure v. Owen, 252. Sather v. Rogers, 10 Iowa, 231. Notarial
McMillan v. Boyles, 14 Iowa, 107. Rail- protest. T'he State v. Reidel, 437.

road bonds. McClure v. Owen, 250. School District v. Pratt, 17 Iowa, 16.
Montgomery v. Chadwick, ? Iowa, 114. Demurrer. Turner v. First National

Constitutional law. The State v. Bank of Keokuk, 566.
Spires, 317.

Scudder v. Delashmutt, 7 Iowa, 39. Part-
Morford v. Unger, 8 Iowa, 82. Constitu- nership. Hawk Eye Woolen Mills v.

tional law. The State v. Squires, 316. Conklin, 426.
Moreland v. Page, 2 Iowa, 139. Adverse Seevers v. Delashmutt, 11 Iowa, 174.

possession. JcNamee v. Mordland, 102. Judgment lien. Chapman v. Coats, 291.
Myers y, Johnson County, 14 Iowa, 47. Shafer v. Grimes, 23 Lowa, 550. Instruc-

Railroad bonds. McClure v. Owen, tions. Hunt v. The Chicago & N. W.
250.

R. R. Co., 366.
Newfield v. Blawn, 16 Iowa, 297. Statute Shaw v. Sweeney, 2 Greene, 587. New

of limitations. Howells v. Patton, 513. trial. Riley . Monohan, 509.
Newman v. Samuels, 17 Iowa, 5:28. Stat- Shepherd v. District Township of Rich-
ute. Bennett v. Fisher, 500.

land, 22 Iowa, 595. School contracts.
Newman v. Samuels, 17 Iowa, 528. Con- Taylor v. District Township of Olter

stitutional law. The State v. Squires, Creek, 282.
317.

Shepherd v. Brenton, 15 Iowa, 84, 90.
Nicholas v. Purczell, 21 Iowa, 266. Home- New trial. Riley v. Monohan, 509.
stead. Dodds v. Dodds, 312.

Simms v. Hervey, 19 Iowa, 272. Husband
Norton v. Williams, 9 Iowa, 528. Judg. and wife. McKee v. Reynolds, 584.

ment lien. Chapman v. Coats, 291. Smith, Twogood & Co. y. Cooper &
Norton v. Williams, 9 Jowa, 528. Ali- Clark, 9 Iowa, 379. Practice. Viele v.
mony. Harshberger v. Harshberger and The Germania Ins. Co., 45.
Harshberger, 506.

Smith, Twogood & Co. v. Clarke & Hen-
Ontstott v. Murray, Iowa, 457. High- ley, 9 Iowa, 241, rnishment. Far.
way. Ewell v. Greenwood, 379.

well & Co. v. Howard & Co., 385.
Page v. Cole, 6 Iowa, 153. Pleading. Smith v. Henry County, 15 Iowa, 385.
Shawhan v. Long, 490.

Railroad bonds. McClure v. Owen, 250.
Parker y. Pierce, 16 Iowa, 227. Judg- Smith v. McLean, 24 Iowa, 322. Re-

ment lien. Chapman v. Coats, 291. plevin. Delancey v. Holcomb, 96.
Patton v. Kinsman, 17 Iowa, 429. Hus. Sprott v. Reid, 3 Greene, 489. Judicial

band and wife. "Richmond v. Tibbles sale. Cunningham v. Felker, 119.

« ZurückWeiter »