Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1854-02-08

! 9. That the ihiestate had, in his grandfath-
er. an ascendant in the maternal line. and
hence the property could not go 10 his aunt.
a collateral relation.
Daniel Stanchfield. Appeal from Scott Co.
Ro,er, Palmer. Il A"'msd'
Held, 1. That parties may Of On be adjuig.
ed partners as to third persons. when they
could not be SO regarded as between them.
selves.
9. That. upon demurrer to evidence, the
testimony is to be taken mest strongly against
! the party who demnrs; she demurrant not only
! admits the truth Of the testimony TO which he
demars. hut also those conelusions Of rct
! rom the testimony; and Il from sny almissi it'
Die view 81 The facts.'he jury would be likely to
render verdict agaipss the party slemurr,np.
3 such should be the Judgment q the court q.
the dcionrrcr.s sfesss ~ b IS 'TT 35e-S .
net. where the poessssion Of the Rooels 1pots
wrongfully acquired. as whera aihn ||he 10
dciendanta possession BY dcivS.y IL pl.iu.
CT or third person, ts.a6ds. .ud n guc.l
and AMIR rsfSssq M y8 dsf1 sReAs1sslas.
suit brought, is necessary.
4 That the identity Of the property, and the
plaintiffs interest therein, must be shown. in
| order To suS All the actlOn.
Madison Symonds,
J. $. French. s'; Rappsas RrpIsrsea. d." scout oo'
He'd. That where the court, on motion at
the first term after the petition was filed, dis
| continued the cause, because the original no.
tice was defective, the decision Of the court
was erroneous, an1 that the cause should have
been continued for want of service, unless tri.
ed by consent Of parties.
i Whpra fha iuts nj all laI tLo
defendant To answer by the l2th day Of Sep
tember. 1883. or on the second day Of the term.
and it appeared that the second day Of the
term came Oh the 18th day of September. il
was held. that lhe notice was sufficiently cer.s
tain As to the time the defendant was called
upon to answer
g. That by section 1877 Of the code all prop.
er entries made by the clerk and nll papers
pertaining to n cause and filed therein, (ex.
cept subpOenas, depositions, and other papers
which are used as mere evidence.) are to be
deemed part Of the record aud when certified
10 this court, are sufficiently before it, with
out being Incorporated in a bill Of excep-
tions f sf..s4t ~
jerome Petty, r5e a.s1,. lp Al
Brown $ Duvall. Reversed.
Held, That no person can be authorized 10
act as district judge, by agreement Of parties,
and where it appears from the record. that n
person authorized by law acted in that capac.
ny ~ rendering the judgment. the judgment
2 That although Judgment thus rendered
is coram non Jndice, stiIl it is Judgement from
which an appeal will lie The right OF appeal
by no means, limited TO legal Judgments.
"''Ae'" 4 4 Range ApI"s. AArpsa, ca from .,,,. D..
F. Mertz It, al med - ="
Held l.. That lease from the husband Of
the wife's real estate, would only bind the
a wife so long as the coverture exists, and would
no. bind her after the marriage contract had
been di>loved by divorce, unless in some way
ratified by her. w fsss =
0 2. That under the revised statutes Of Ie43, to
enable party to set up a lease against Pur-
chaser of the property, the lease must have
been acknowledged and recorded as required
by the law Of conveyances, or IL must be shown
that the purchaser had actual notice Of the
lease--mere constructive notice is not suffi :
Y cient.
: 7. g. Coffin ct al J Appeal from wappello
. %. Co. Reversed.
Kemp e. Dodggett. s5s.-.
I Where in a cause in equity, the court be.
,, ,, low rendered judgment by Gefant against
some OF the defendants, while motion for fur.
'her time to answer was undisposed Of, and
4 the answers ofthe defendants were on flo be-
fore the decree was rendered. il was held, that
i the Judgment by default was erroneous.
D 2 That at law judR nent by default can
not be legally entered when there is plea on
f'e in the case: and that the same rule should
obtain in equity. when a material motion, or
an answer is pending.
Peter a. B. Dutell. Error to Mahaska Co.
n The State OF Iowa
I Held. !. That under section 4i2 of,he code
the deputy sheriff Of county, cannot act in
y place Of the sheriff, with the county Judge, in
| comparing and CORE cling the jury lsts N
provided by section l640 Of the code.
2. That person not held Tn answer for q
J. public offence at the term mt which The grand
n jury is impannelled, against whom an indct.
inent IS found, may move to quash the indict.
= ment at a succeeding term. on the ground
o that the grand jury were no. selected according
to law.
!, 3. That where the lists of the Jurors return.
y ed by the judges Of election, and written out
Is by the county clerk. were compared BY tho
county Judge and the deputy sheriff, the grand
jurors were not selected according to law, and
" had no authority to find an indictment.
4. That when the Indictment is duly exhjb.
tied in open court.and indorsed true bill, Il
'e is evidence that it was duly found BY legal
le grand jury; but when the records OF q county
show that the grand jurors were not legally '
selected. aud had no authority to act, il is sv.
&c dencc of higher grade, and shows that tho
r indictment could not have been found, exhib.
is tied AMI indorsed by legal authority.
:. FRo1 FIR. Dopeg.-Major Williams, ju.l
returned from this place, called on us NV
: days ago, on business. He is enthusiastic in
. his praises Of the region Of country in which
Fl Dodge is situated. Fl. Dodge 10 on thl
= Des Moihes river near 30Omiles from i,s mosti
and about 900 from this place. Itis In the north
ern part Of one of the newly. organized eountie
-Webster@-near the Sioux Indisn encsmp
uents, and is now village Of about thir
iy houses. Considerable trading Is done will
,r the Indians. Who range tbrongr the whole Ie
.. gion Of country between Laqus Parle, 70,
4, Pearl Lake, in Minnesota and Fl. Dodge.
"a The Major has promised to g,re us 4 skeicl
o. the northwestern frontier Of Iowa, and VI
y hope he wlldo so. H regards il Tar superior
i TO this part OF the State. In agricultural resour.
# ces, water power for mill purposes, timber.
y &c. The tributaries Of the Iowa, Cedar, Dee
Moines and Big Sioux converge in that region
rendering it the best wsteIed end timl,sred