Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1854-08-02
IOWA CITY, WEDNESDAY. AUGUST 2, 1854.

Dh tn0 sec0nu aO0O2yA " April ana d9FNem.
ber.. As this act took effect on III Oh dav Of |
February, il Il sjnlu,ed that the Tenn lnmt
under the old law could not continuc alltT That I
dAy, and as thu decree was rendered February |
l0ih, it was after the time expired.
We cannot consider this view tenable, The |
February Tenn was authorized bv the old
law n WAS commenced while that law was in
full force. and At leasttwo days Of the court /
we're held before the new law took effect. The |
new law effected no change or abatement Of
any tenn commenced under the old law. A
term legally commenced gould be legally con.
tinued 10 III close. in the absence Of any law to
the contrary. The new law did not repeal
the old: ii only changed the time of holding
court: it could produce no such change till af-
ter it took effect. This change did not inter
W Nsuasd. u unly authorized other ,s.ms .
J. ss,1irf~ psps sssaAero % sAst yaefVss
lltek, the authorities relied on BY
Appellants counsil, as applicable. 1t is true
that decisions made after the last day Of u
term, or on day when the same court is ap-
pointed by law to be held IN another county,
are coram non JUDGE: but the present decision
was not so made Judgment affirmed.
Hiram REYNOLDS ct ais.
heirs Of Otis Reynolds deed. An appeal from
ps. the Dist. Court
May and Andoe Of Lee County
Opinion byJ c. Hall lon the 18th day
Of April 1883, May and Andoe fled their peti
tion against The heirs of Otis Reynolds. The
petition set out Il demand bascd upon bill of
exchange dated at Pittsburgh April 2sth 1897,
drawn by Ois Reynolds on | Il II. Watch h
Co st. Louis, in favor Of Pltff for the sum Of
five hundred dollars payable six months after
date, and directs Walch h Co. To place he
same t" the account of Steam Boat Rola: That
the bi had been presented to |. h Z Walch
for payment and Ivy them refused. There Is
no averment ofnotice OF non payment to Rev
nolds nor excuse for not giving notice: that
prior to l5il. Reynolds died holding and
cleiming certain reli estate IN Lee county, be.
ing an interes, in the half Breed Sac and Fox
reservation: That in subsequent proceeding
in partition of said tract, eleventh twelfhs Of
q share were sci off in said tract to his heirs,
which they still ho d by inherit ance: That the
petitioner does not know the precise names Of
the heirs. That they are non residents of the
/ state Of Iowa. The petition ls sworn to by u.
| +. Miller one Of The Counsel for Plaintiff. and
an attachment issued and levied upon real
esta'e appraised at about $l400. A notice is
issued against The heirs Of Otis Reynolds" and
returned mot found" A pub tiica,ion is made
against the "unknoom heirs Of Otis Reynolds -
d F. Miller files an affidavit stating that as he
! is informed and believes the place Of residence
! of said defendants is unknown to sad Pam
tiffs, aud that thuuglfhe has made all the ef-
/ forts within his ability to ascertain The actual
residence Of said defendants, he las not sue
ceeded in doing so. aud has not therefore been
enabled since the commencement Of this suit
to send a copy of The notice Of SUIT, aud of the
petition of Plaintiffs to said defendants"
/ Al the Nsven,tcr Term, 1883 a default was
entered and damages assessed by the Clerk,
| ano Judgment rendered for 1862 against the
defendants, aud an order that the lands at.
tached be sold TO satisfy the judgement.
| Hiram Reynolds aud other heirs of Otis Rey
noids, bring this case up 10y appeal and assign
! for error:
l. The want Of juri,diciiov in The court be.
low. That The defendant. could not be brought
into court by the d.si signation uf beirs:' That
no judgement could be rendered against them
a, heirs. That the notice was not sufficient TO
make them parties
! 2. The petition shows no caube VI action
against defendants
/ This cause certainly presents sumo peculiar
I features. On the 18th ,t ApnD 1881 .Ots kcy
nolds drew bill of exchang. ~ favor Of May
and Andoe. on | & i. Wa III, directing them
/ 10 change the amount against he Steam Boa,
Rola: Rey ynolds died before the year ls4l the
matt, rested sixteen years af.er the bill was
drawn aud thirteen wears or more after the
death OF Reynolds, there lever having been
any notice served on Re. .nold, oI ,hss dishon.
! or and non aymcni by Waleh when this suit
nett issued against the heirs.
( There is probably not II state IN the Union
where this Debt " just would nnl be bound hy
/ the Statute Of Eimii ations, or where the rs
tate OF Reynolds would not haye been settled
at 'ea,t ten years. There is some hing extra.
ordinary ia hi. hriay well as the manner
of bringing the suit
The G9ith section of the toae provides
that when Ihe precise name Of any defendant
IL. u.,l la, m bp lp ~
as accurately as practicable and when the
name is asc.rtaincd il shah be substituted in
the procecding-,,' under this section il i.
claimed that this suit ~ proper :" brought
against ..Me heirs Of Otis Reynoids Now
what is il that is not krown2 Isl. That Oti,
Reynolds had aiy heirs: d, What the r1la
ton his he rs bore TO him II he had any: 3D.
whether the, bore his name or some olhel
name. Ith wheiher they were males or fe
males. infants or adults, sane or insane
wheth or there Is one or one hundred. Snrel,
ii was not the wan. of knowledge Of lhr 'pre
else name" but it, WIS unlimited ignorance q
their ever keing amy body to name. or AM
body TO describe. The Code contemplate
that the defendan, shall be- a known person
who can te described with some certainty tha
some indefinite kno ledge shall exist AS to tn
name, apu it is only what, that falls short o
precision, that can be supplied by description
Of the person. The code certainly does no
nu,horge the bringing Of e s,,it in this way
by describing defendants by class nam
without reference to their number aud cotidl
tlon Such description OF person rs u
description whatever. i: gives no guide b.
, whicL the pflcrr can be governed in maxim
service The suit might as well have bee
against a Yankee" Hoo sier' or "Puck
eye.
, The sui, is improperly brought against th
heirs even if they had been named: the Col'
chapter So. furnishes complete remedy j
these eases The estate must be sdmini,t"re
upon the amount liquida,ed by Judgmer
against the executor, the creditor can prUcec
: by petition against the land and have it sole
The land can also be sold on petition of I'll
+: executor but the law certainly doea not at
tharize in the first instance a direct process All
1, suit and personal Judgment against the heirs
. when the debt is established against III
ex. cutor and the estate n his hands prove
: insufficient TO pny. and he heirs have receive
I part ,d the estate. they eau be called upon
/ surrender MP n sufficient amount 10 pay IN
{ demand. This is the nltmatum OF their l''
ability To allow direct proceedings again'
: them without any reference to the executor 4
D the debts OF the ancestor, would certainly
. novel ani subversive Of the whole pohcy I
: settling dtcedents Estates
. There are several other questions presente
: lin the record which are not noticed, as tn
: point. decided 60 to the very foundation Ut III
n suit. and declare the whole proceeding cora
' non judice and void. on The ground that t'
b petilien shows no cause oil action and has u
J. del, ndant a a party against WHOM suit ca
= be bro1ght or a jugment received
= The judgment will therefor be reversed an
1. annullcd and the suit dismissed.
SumE "NAIivEs Any ore DESTROYS Of Sc
ing some specimens Of genuine African abo
. igines, fresh from the cane brakes aad Jungle
can have their curiosity graf fed by ylsi!in
the baroue Carrier Pigeon, lying at the AtiaI
: tic Dock warehouses, where her cargo OF pal
e oil is discharging. Ore Of the. dasky indivi'
!. uals referred To. is atiired in full! native CO.