The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1862-10-09
By THO F. vrrBRe.W, Reporter
Lewis v. Benton.

ACWto ASCutpH.
L. ,SstcF: assigned noe En an,
action b the assignee Of q note duly as
signed, the defendant cannot wiis slse
sction thus ssands, Ksigate setoH
against the asSignor BY s,mpiy averrina
that he , the real party in interest.
e. SAME on ds,ssse A set on il
not defense--it iy the aetendant's
canse Of action against the plaintiff.
McKellar v. Stout
!. hide saae aenmrre,-. Wks-s a
demurrer TO petition at law set out
two caMses: ssThat the matters forth il,
SAID petition do not constitute any cause
Of action against the deiendcnt; and
that said petition does not show such q
state Of facts as will Justify the court III
granting any relief by Judgment or otll-
erHise, to said PLAINTIFF il va. hsld
that it should have been disreyarded
by the court.
I4yster Y. Brewer.
I. Ncsiox to SCI aside sale :. The
court should not pass upon motion to
vet aside shsrilrs sale without notice
to the adverse party.
McShane v. Gray.
!. Referee: ocqu;esce1cc The re-
port c@ referee shonM not be set aside
OH the ground that the reference was
TO bnt one person where it should have
been to three, if il appears t..at no OBJ
lection to such reference was made ut
the .Mne, and that the party complain
ing appeared before the referee and
submitted the cause on his part.
R.feree's report !. Il is competent for
the court to require a referee to state
the facts found as the predicate E,r the
fin Al Judgment; bnt in the absence Of
such requirement general finding will
be sufficient. ,E
Myers Adlninistratsr, y. kendrick Ad
ministrator.
I. Correction Of Judgement When
the record uiscloseS no error but 4 de
feet in the form Of judgment where
by the individual property OF an admin
is made liable for the satisfac-
lion Of a judgment against him in his
official character, it will be reformed by
The Supreme Court at the costs Of the
appellee.
Newell v. SandEord 1 Chirls.
l. Afsorney's fees: The sncccssfnl
party IN an action on an ordinary con
.ract, in the absence Of fraud or want
If probable cause, is not allowed a,,m-
,cy's fees.
North 4 Scott Y. Nudge s CO.
l. Confession cfjn,lyement ogui.st a
ta,m: A confession Of judgement BY
,nc member Of 4 copartnership, for the
irm, is valid only against the copartncr
making it.
2. Merger: When 4 demand Of an
Inferior degree is changed into one Of a
higher character the former is merged
nto the latter.
8. Same: eoparfaership: 4 indg.
ncnt against one partner upon de-
nand against the firm, is bar to an
,thcr acting upon the same demand
lsainst the firm.
Newell Y. Sanford.
l. Tenancy at ,cill: Where a tenant
It will erected buildings npon unoccu-
lied lots, after which the notice requir-
d by statue to terminate such tenancy
vas served, but the tenant continued in
for series Of years by the
'nffrance Of, and without any interfer-
nee by the landlord, it was held that
he service Of notice did not change the
citations Of the partics-that the lessee
continued tenant at will.
2. Sane: Rent: When tenancy Is
without stipulations as to the amount Of
ent reserved, the landlord may recover
] reasonable compensation for the use
md occupation Of the premises.
Niles v. Spraguc.
Ecidcnee Of Marriage The snlfi.
iency and weight Of evidence tending
0 show marriage, considered and dis
ussed.
|. Record eoiaence ~ Marriage The
Avs OF Ohio require that certificate
fnarriage should be returned BY the
ficiating minister o. officer to the
'lerk Of the county by whom il should
9 recorded. Heht, that All exempliticar