The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1855-09-17
Supreme Court Declsious.

consider the contingencies which NAV belong
to them, buys subject TO the power to grade,
and Is supposed to count the chances Of dam
ages which may result from grading.
3. That the authority to regulate, level,
and pave streets, is continuing power, or
one that does not cease the moment il is exer-
cised; and although the power should never
be exercised capriciously, or upon light cir
cumstanccs, there is no doubt but that a cor
poration may change the level Of any street,
even after it has been paved, or otherwise
prepared for public use.
John Olire VS.. James Doherty. Appeal
from Lee Co. Affirmed. Held
/. That to constitute a resulting trust In
real estate, ii to be shown by parol testimony,
it is necessary that the purchase money
should have belonged to the ceXtui que trust,
or have been advanced by some other person
as a loan or gift to him.
2. That party claiming specific perform
ance, must show his full compliance with all
the terms of the contract.
8. That the contract must be mutual or
court Of equity will not enforce performance
4. That the contract to be enforced must
be certain in all its parts, and clearly ascer-
tanned.
Jabe- j. Piggatt, VS.. Addicks, ct al. .Ap-
peal from Lee Go. Affirmed. Held
l. Tint bill of equity, to set aside
judgment at law, charging that no service, ac-
tuai or constructive, WAS ever made upon COM
piaint-that an attorney appeared for him,
and filed demurrer, which was the only de-
fence made, without any authority from COM
plainant, and not alleging that he had any de-
fence at law to the action, or any part Of IL:
or that the sum for which the Judgment was
rendered was not due; or that he had been de-
priyed Of making his defence by the unau-
thorized appearance of an attorney; or that
he had exhausted his remedy at law; does not
show such state of facts, ~ entitled the
complainant to the aid of a court Of equity.
= That the appearance Of an attorney in
q cause Is prina0 tacie evidence that he had
authority to do SO, and before his act az
counsel can DO avoided, it is necessary 10
show in the bill that an injury resulted from
such appearance.
3. That where an attorney appears in a
cause without authority, the person for whom
such appearance is made, il injured thereby.
has plain and adequate remedy at law. /.
BY action against the attorney for the wrong
full appearance. 2. BY motion, within q reas-
enable time, while the Judgment remains un-
executed, and while there are no intervening
rights, and on proper showing, to set aside
the Judgment.
4. That, If from insolvency or other cause,
an adequate redress could not be obtained
by proceeding against the attorney, and If
there is no other legal remedy, then court
OF equity, If the party has been injured, will
afford relief.
Wise King, ct al, VS.. Patterson, Tim
herman & Go. Appeal from Henry Go. Re-
/. That person who is not only party to
the contract on which suit is brought, but
member of the firm bringing the suit must
De regarded as person who has direct. GER
tam, legal interest in the suit, and il an in
competent witness for the plaintiffs, nowith-
standing he may have, before the trial. sold
ms interest to third person, and received
from that person bond of indemnity against
the liabilities Of the firm.
2. That being party to the record. and
uaDic Tor costs, q release from third party
stranger TO the record, could not remove his
incompetency.
JDmes Wise VS.. Francis S. Rav. Anneal
from Lee Go. Affirmed. He'd
/. That in an action brought upon a con-
tract requiredby the Statute Of Frauds. 10 h.
III writing, it is sufficient if the name 81 tho
party sought to be charged, appears ia any