been instructed that the presumption of legitimacy was so strong it could
only be overcome by distinct, satisfactory and conclusive evidence to the
contrary. The State v. Romanie, 46.
2. GUILT OR INNOCENCE: PREPONDERANCE OF EVIDENCE. The rule, that
the defendant in a prosecution for bastardy may be convicted upon the
preponderance of the evidence, applies to the question of guilt or inno-
cence arising upon the whole case. Id.
1. ANSWER OF GARNISHEE: HOW MADE OF RECORD. Appellant's abstract
set out what purported to be the answers of the garnishee, and stated
that judgment was rendered upon such answers. The appellees by an
amended abstract denied these facts, and further stated that no bill of
exceptions was filed. Held, that this statement as to the want of a bill
of exceptions, not being denied by appellant, must be taken as true;
that the answer of the garnishee is not in the nature of a pleading, but
must be regarded as evidence; and that it must be preserved and iden-
tified by a bill of exceptions the same as other evidence in order to make
it a matter of record. Brainard v. Simmons et al., 464.
ON REHEARING. The answer of a garnishee to interrog-
atories propounded to him cannot be regarded as a pleading, and it can
be presented to this court only when made a part of the record by a bill
of exceptions. ROTHROCK, J., dissenting. İd.
3. ABSTRACT: EVIDENCE. Statements of the abstract considered and held
to show that a bill of exceptions was duly signed, and that the abstract
was made therefrom. In re Last Will of Jonah Hollingsworth, 526.
See PRACTICE IN THE SUPREME COURT, 6.
1. AUTHORITY TO COMPROMISE JUDGMENT. The board of supervisors, if
acting in good faith in respect thereto, has the authority to compromise
a judgment in favor of the county. BECK, J., dissenting. Collins v.
Welch et al., 72.
2. PUBLICATION OF PROCEEDINGS: COUNTY LIABLE. The publisher of a
paper, designated by the board of supervisors as the paper in which the
proceedings of the board shall be published, as required by section 307
of the Code, is not entitled thereby to publish the schedule of the re-
ceipts and expenditures of the county as required by section 304 of the
Code, and cannot recover of the county therefor. The general language,
used in section 307 of the Code, must be so construed as not to embrace
those things specially provided for in section 304 of the Code. McBride
v. Hardin County, 219.
3. TREASURER'S REPORT: PUBLICATION OF: COMPENSATION FOR. The
semi-annual report of the county treasurer to the board of supervisors is
not a part of their proceedings, and is not required to be published under
section 307, Code. The law requires only "a full statement of the
amounts of the treasurer's accounts" to be published, and there is no
special provision fixing the compensation therefor. Haislett v. The
County of Howard, 377.
4. CONSTRUCTION OF DITCH: ASSESSMENT OF COST: APPEAL. In a pro-
ceeding under the statute to construct a ditch, and assess the cost thereof
on the lands along the line and in the vicinity of the ditch, the board of
supervisors has the jurisdiction and the power to determine what lands
are in the vicinity of the ditch and are subject to assessment; and from
its determination in the matter no appeal lies. Lambert v. Mills County
et al., 666.
1. OFFICIAL BOND: ALTERATION BEFORE DELIVERY: SURETIES. The de-
fendant, as principal, executed an official bond to the State of Iowa,
with several sureties. Before the bond was delivered the name of one
of the sureties was erased by the principal. Held:
1. That, as to the subsequent sureties, the principal was not authorized
to deliver the bond after it had been so altered to their prejudice;
and that they were not parties to the instrument sued on, nor lia-
ble thereon.
2. That the real contract, of those signing before the one whose name
was erased, was expressed by the bond as it stood when all the sig-
natures had been obtained; that the release of one by the principal
was contrary to the understanding of the sureties, and without
authority; and that the prior sureties were thereby released. The
State v. Craig et al., 238.
: ORIGINAL UNDERTAKING: CO-SURETIES. An officer holding over
executed a bond for the full term, but having been re-elected at the next
general election, he executed a new bond for the unexpired portion of
the term. A defalcation having occurred, judgment was rendered
against the sureties on the last bond for the whole amount. Held, that
the last bond was not additional, or secondary to the first, but was an
original undertaking; and that the sureties on the first bond were not
co-sureties with those on the last bond, and could not be compelled to
contribute to pay the judgment. Boone County v. Jones et al., 373.
3. ATTACHMENT: MISTAKE IN: LIABILITY OF SURETY. A mere mistake
in the recital of a bond, executed to secure the release of an attachment,
whereby the writ of attachment was stated to have issued from the Cir-
cuit Court instead of the District Court, will not release the sureties from
liability on the bond. Ripley v. Gear et al., 460.
4. TO RECONVEY: FORECLOSURE: RECEIVER. Heid, that the obligor, in the
bond set out in the opinion, had the right to discharge the same at any
time during ten years after its execution; that the action was prema-
turely brought, as nothing was due on the bond when the decree was
rendered in the court below: that the court should have dismissed the
case; and that as the defendants were entitled to the possession of the
property, the appointment of a receiver was unauthorized by law. Rad-
ford v. Folsom et al., 473.
5. BREACH OF LIABILITY OF SURETY. In this case an instruction asked by
plaintiffs, that the penalty of the bond did not limit the liability, and
that the sureties would be liable for the full amount of damages sus-
tained by defendant, was properly refused. Hali & Spencer v. Stewart,
681.
6. RIGHT TO DEMAND: CONTRACT. Where the defendant's right to demand
a bond was fixed absolutely by the contract, and the object in requiring
it was to secure indemnity against any loss thereafter, he was not re-
quired to show that plaintiffs had been guilty of any breach of the con-
tract before he could demand the bond. Id.
1. CONTRACT TO CONVEY: MORTGAGE. Where a defendant in a foreclosure
suit set up a claim to the property, under the assignment of a contract for
its conveyance made subsequently to the execution of the mortgage, it
was incumbent upon him to show that his claim was superior to the
mortgage. Henry v. Evans et al., 560.
See BASTARDY, 1.
DIVORCE, 1.
FRAUDULENT CONVEYANCE, 9.
Judgment, 5.
INSURANCE, 5.
VENDOR AND Vendee, 1.
CASES IN IOWA REPORTS CITED AND FOLLOWED.
Akers v. Luse, 56, 346. Vendor's Lien. Gnash
v. George et al., 493.
Allerton v. Eldridge, 56, 709. Appeal; Juris-
diction. Groves et al. v. Richmond et al.,
55.
Alsip Bros. v. Hard et al., 38, 697. Appeal.
Madison v. Spitsnogle et al, 371.
Andrews v. Kerr et al., 49, 680. Practice in
the Supreme Court. Britt v. Case et al.,
Armstrong v. Pierson, 5, 318. Rescinding Con-
tract. Supple v. The Iowa StateInsurance
Co., 31.
Aylesworth v. The C., R. I. & P. R. Co.,
30, 459. Railroads: Fence. Brentner v.
The C., M. & St. P. R. Co., 628.
Ballinger v. Tarbell, 16, 493. Joint and Sev-
eral Liability. Strong et al. v. Lawrence et
al., 61.
Barnes v. The Incorporated Town of Newton,
46, 567. Municipal Corporations. BeazaN
v. The Incorporated Town of Mason City,
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Blanchard v. Lambert et al., 43, 228. Divorce.
In re Estate of Edwards, 437. Presumption
of. Ellis v. Ellis, 722.
Boals v. Shields, 35, 231. Discretion of
Court. Hess v. Wilcox, 383.
Boals v. Shules, 29, 507. Default Set Aside.
Brandt v. Wilson et al., 487.
Boardman v. Beckwith, 18, 292. Motion for
New Trial. Beems, Adm'r, v. The C., R. I.
& P. R. Co., 153.
Bones v. Aiken, 35, 534. Surety: Subroga
tion. Searing c. Berry et al., 23.
Boone County v. Jones et al., 54. 699. Surety:
Liability of. Held v. Bagwell, 145; Boone
County v. Jones et al, 375.
Bradford, Heirs of, v. Bodfish, 39, 681. Guar-
dian. Bates, Guardian, v. Dunham, 310.
Brandriff v. Harrison County, 50, 164. Ditch:
Assessment of Cost. Lambert v. Mills
County et al., 668.
Braught v. Griffith & McCleary, 16, 26. Surety
Searing v. Berry et al., 23.
Brentner v. The C., M. & St. P. R. Co., 625.
Railroads: Double Damages. Smith v. K.
C., St. J. & C. B. R. Co., 623.
Bridgman & Co. v. Miller, 50, 392. Estates:
Settlement of. Daniels v. Smith et al.,
578.
Brigham & Ward v. White, 44, 677. Injunc-
tion: Fraud. Johnston v. The C., M. &
St. P. R. Co et al., 541.
Bringholff v. Munzenmaier, 20, 513. Fix-
tures. Stillman v. Flenniken, 454.
Brinton v. Seevers, 12, 389. Curative Stat-
utes. Ferguson v. Williams et al., 718.
Brown v. Rose, 55. 734. Assignment of Errors.
Kendig v. Over hulser, 197.
Bullis v. Marsh, 56, 747. Tax Deed: Limita-
tion of Action. Monk v. Corbin, 505.
Burrows v. Lehndorff, 8, 96. Mortgage: As-
signment. Kohn Bros. et al. v. Clement,
Morton & Co. et al., 593.
Butterfield v. Wicks, 44, 310. Homestead:
Dower. Conn v. Conn et al., 748.
Byers v. Rodabaugh 17, 53. Waiver. Weaver
v. Kintzley, 193.
Byington v. McCadden, 34, 216. Instructions.
Hess v. Wilcox et al., 384.
Campbell v. The C., R. I. & P. R. Co., 35, 334,
Double Damages: Evidence. Brentner v.
The C., M. & St. P. R. Co., 626.
Chadwick v. Miller, 6, 34. Replevin. Reisner
et al. v. Currier, 217.
Chapel et al. v. Clapp, 29, 191. Fraudulent
Conveyances. Williamson et al. v. Wachen-
heim et al., 280.
Chase v. Walters, 28, 469. Mortgage not
Fraudulent. Kohn Bros. et al. v. Clement,
Morton & Co. et al., 592.
Childs v. McChesney, 20, 431. Covenants :
Estoppel. Thompson v. Merrill, 424.
Christy v. Vest, 36, 235. Estates: Adminis-
tration. Lees v. Wetmore, 177.
City of Keokuk v. Love, 31, 119.
Assignment of Judgment. Searing v. Ber-
ry et al., 23.
Clapp v. Peck, 55, 270. Witness: May Con-
tradict. Dowdell v. Wilcox, 200.
Clark v. Ralls et al., 50, 275. False Represen-
tations. Clark v. Ralls et al., 202.
Clayton v. Ellis, 50, 590. Execution Sale:
Redemption. Hayden, Wilson & Allen v.
Smith et al., 287; Micklewail et al. v.
Raines et al., 606.
Clinton National Bank v. Graves et al, 48.
228. Motion for New Trial. Beems, Adm'r,
v. The C., R. I. & P. R. Co., 153.
Close v. Samm, 27, 509. Statute of Limita-
tions. Tremaine v. Weatherby et al., 620.
Cole v. The C. & N. W. R. Co., 38, 311.
Railroads: Notice of Loss. Brentner v. The
C., M. & St. P. R. Co., 626
Coles v. The Iowa State Insurance Co., 18,
425. Insurance. Supple v. The Iowa State
Insurance Co., 31.
Colvin v. McCune, 39, 502. Color of Title.
Tremaine v. Weatherby et al., 620.
Cook v. Smith et al., 54, 636. Pleading: Prac-
tice. Cook r. Smith et al., 607.
Cooper v. McKee, 49, 286. Promissory Note.
Hedge v. Gibson, 658.
Cornell v. Cornell, 54, 366. Certificate of Ev-
idence. Cross v. The B. & S. W. R. Co.
et al., 66.
Cottle v. Cole & Cole. 20, 481. Action: Party
in Interest. Searing v. Berry et al., 24.
Courtright v. Deeds, 37, 507. Note for Corpo-
rate Stock. Hedge v. Gibson, 658.
Crane v. Ellis, 31, 510. Evidence: Practice.
Hess o. Wilcox, 383.
Grinnell, 51, 476.
The B. & M. R.
der v. Reilly, 403.
Farwell & Co. v. Howard & Co., 26, 384.
Mortgage: Assignment. Kohn Bros. et al.
v. Clement, Morton & Co., et al., 593.
Farwell v. Tyler, 5, 535. Parties to Action.
Searing v. Berry et al., 24.
Fawcett v. Woodbury County, 55, 154.
cer: Compensation. Fawcett v. Eberly et
al., 547.
C., R. I. & P. R. Co v. Grinnell, 53, 55. AP- Fayette County v. Bremer County, 56, 516.
peal: Supersedeas Bond. Thomas v.
Nicklas et al., 51.
C., R. I. & P. R. Co. v.
Railroads: Land Grant.
R. Co. v. Lawson, 148.
Cross v. The B. & S. W. R. Co. et al., 51,
683. Vendor's Lien. Cross v. The B. &
S. W. R. Co. et al., 62.
Curtis v. Millard & Co., 14, 128. Sheriff's
Deed: Redemption. Everingham v. Bra-
den, 134.
Davenport S. F. & Loan Association v. The
North American Fire Insurance Co., 16, 74.
Principal and Agent. Roberts v. Rumley
et al., 307.
Davenport v. Cummings, 15, 225. Fraudu-
lent Conveyances. Kohn Bros. et al. v.
Clement, Morton & Co. et al., 592.
Davis v. The C., R. I. & P. R. Co., 40, 292.
Railroads: Fence. Brentner v. The C., M.
St. P. R. (o., 628.
Davis v. Kelley, 14, 525. Homestead. Cotton
v. Hamil & Co., 597.
Dawley v. Houck, 53, 733. Appeal: Practice.
Fitch . Flynn et al., 162.
Decorah Woolen Mill Co. v. Greer et al., 49,
490 Nuisance: Mill-dam. Decorah Woolen
Mill Co. v. Greer et al., 86.
Dewey v. The C. & N. W. R. Co., 31, 373.
New Trial. Johnson v. The C., R. I. &
P. R. Co., 350.
Dickerman v. Miner. 43, 508.
Sureties: Lia-
bility of. The State v. Craig et al., 241
D. M. & M. R. R. Co. v. Lowry, 51, 486. Tax-
ation in Aid of Railroads. Dickey v The
County of Polk, 292.
Doane & Co. v. Garrettson, 24, 351. Equity
of Redemption. Gimble, Florshime & Co.
v. Ferguson, 415.
Douglass v. Tullock, 34, 262. Tax Deed.
Monk v. Corbin, 506. Statute of Limita-
tions. Tremaine v. Weatherby et al.,
620.
Doulon v. The City of Clinton, 33, 397.
Municipal Corporations Thomas v. The
Town of Brooklyn, 440.
Drefahl v. Tuttle, 42, 177. Judgment: Surety.
Searing v. Berry et al., 23.
Dyer v. Bagwell, 54, 487. Holding Over Off-
cer. Boone County v. Jones et a...., 376.
Pauper Settlement. The County of Cer
ro Gordo v. The County of Hancock, 117.
Fejavary v. Broesch, 52, 88. Chattel Mort-
gage. Phillips & Son v. Both et al.,
501.
First National Bank v. Smith, 25, 210. Prom-
issory Note: Surety The German-Amer
ican Bank v. Denmire, 138.
Fliescher v. Dignon, 53, 288. Estoppel: Wit-
ness. Dowdell v. Wilcox, 200.
Frazier v. Crafts, 40, 110. Execution Sale:
Restitution. Munson v. Plummer et al.,
737.
Freeman v. O'Brien & Cash, 38, 406. Prom-
issory Note: Demand and Notice. Isham
v. McClure, 517.
Fromme v. Jones, 13, 480. Assignment:
Mortgage. Kohn Bros. et al. v. Clement,
Mc ton & Co. et al., 593.
Fuller et al. v. Tomlinson Bros., 111. Guar-
anty. Adams & French Harvester Co v.
Tomlinson Bros. et al., 131.
Fyffe v. Beers, 18, 4. Abandonment of
Homestead. Cotton v. Hamil & Co., 597.
Garth v. Cooper & Smith, 12, 364. Usury.
Kinser v. The Farmers' National Bank
of Centerville, 734
Gear v. The D. & S. C. R. Co., 20, 528.
Railroad. Dimmick v. The C. B. & St.
L. R. Co., 637.
Georgia v. Kepford, 45, 48. Damages: Too
Remote. Hampton v. Jones et al., 320.
Getchell v. The Board of Supervisors of Polk
County, 51: 107. Assessment: Taxes.
Dickey v. The County of Polk, 289.
Gordon v. Worthley, 48, 429. Execution:
Nulla Bona. Strong et al. v. Lawrence
et al., 61.
Goslee v. Tearney, 52, 455. Tax Deed: Lim-
itation. Monk v. Corbin, 505.
Graham v. Rooney, 42, 567. Fraudulent
Conveyances. Strong et al. v. Lawrence
et al., 59.
Grattan v. Matteson, 54, 229. Judgment by
Confession. Kendig v. Marble, 531.
Grimes v. Hamilton County, 37, 298. Board
of Supervisors: Powers of. Collins v.
Welch et al., 73, 74.
Greeley v. The Iowa State Insurance Co., 50,
Insurance: Annulling Policy Supple
v. The Iowa State Insurance Co., 31.
solvency. Strong et al. v. Lawrence et
al., 61.
Haislett v. The County of Howard, 377.
Board of Supervisors. McBride v. Har-
din County, 223.
Keeder and Orvis & Co. v. Murphy, 43, 413
Voluntary Conveyance. Strong et al. v.
Lawrence et al., 60. Security for Bona
Fide Debt. Stamy v. Laning et al., 663.
Kendig v. Marble, 55, 386. Mortgage: Judg-
ment. Kendig v. Marble, 529.
Kendrick v. Eggleston, 56, 128. Vendor's
Lien: Waiver. Gnash v. George et al.,
493.
Hall v. Gibbs, 43, 380. Instructions: Prac- Kersee v. The C. & N. W. R. Co., 30, 78.
tice. Stevens v. Taylor, 665.
Hall v. Smith et al., 15, 584. Accord and
Satisfaction. Ogilvie v. Hallam, 715.
Hamilton v. The Des Moines Valley R. Co.,
36, 31. Evidence of Custom. Ormond v.
The Central Iowa R. Co., 743.
Hamilton v. Wright, 30, 480. Color of Title.
Tremaine v. Weatherby et al., 620.
Hampton, ex parte, 2 G. Gr., 137. Costs: Fee
Bill. McConkey et al. v. Chapman et al.,
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Hilliard v. The C. & N. W. R. Co., 37, 442.
Railroads: Fence. Dunn v. The C. & N.
W. R. Co., 675.
Hubbell & Bro. v. Ream, 31, 289. Evidence.
Hess v. Wcox et al., 383.
Hygum v. The Etna Insurance Co., 11, 21.
Additional Insurance. Supple v. The Iowa
State Insurance Co., 29.
Ind School District of Georgia v. The Ind.
School District of Victory, 41, 321. Change
of Territory. Albin et al . The Board
of Directors of the Ind. District of West
Branch, 79.
Ind. School District of Montezuma v. Mo-
Donald et al 39, 564. Official Bond:
Surety. Held v. Bagwell, 144.
Ind. School District of Oakville v. The Ind.
School District of Asbury, 43, 444. Assets
and Liabilities. Albin et al. v. The Board
of Directors of The Ind. District of West
Branch, 79.
Ingersoll v. The City of Des Moines, 46, 553.
Taxes: Appeal. Dickey v. The County of
Polk, 290.
Johns v. Bailey, 45, 241. Note Executed on
Sunday. Leightman v. Kadetska et al,
Johnson v. The C., R. I. & P. R. Co., 51,
25. Evidence. Johnson v. The C., R.
1. & P. R. Co., 349.
Johnston v. Belden, 49, 301. Surety: Judg-
ment. Searing v. Berry et al.. 23, 25.
Jones v. Bamford, 21, 217. Agent: Knowl-
edge to. Sowler v. Day et al., 255.
Jones v. The C. & N. W. R. Co., 36, 68.
Change of Venue. Hedge v. Gibson, 657.
Jones v. Hetherington, 45, 681. Fraudulent
Conveyance. Williamson et al. v. Wach-
enheim et al., 279.
Jones v. Hopkins, 32, 503. Evidence.
v. Wilcox et al 382.
Kaster & Farwell v. Pease, 42, 488. Levy:
Notice in Writing. Chapin v. Pinkerton,
237.
Contributory Negligence. Ormond v. The
Central Iowa R. Co., 743.
Kincaid v. Hardin County, 53, 430. Dam
ages: Liability of County. Lane v. The
District Township of Woodbury, 462.
Kows v. Mowery, 57, 20. Estates: Settle-
ment of. Daniels v. Smith et al., 578.
Kroy v. The C., R. I. & P. R Co., 32, 357.
Evidence: Negligence. Ferguson x. The
Central Iowa R. Co., 297.
Kucheman & Hinke v. The C. C. & D. R.
Co., 46, 375.. Railroads. Dimmick v.
The C. B. & St. L. R. Co., 640.
Lampson & Powers v. Arnold, 19, 479. As-
signment: Definition of. Kohn Bros. et
al. v. Clement, Morton & Co. et al., 593.
Langworthy v. McKelvey, 25, 48. Injunction:
Attorney's Fees. Reece v. Northway et al.,
189.
Larkin v. Harris, 36, 93. Highways: Width
of. Davis v. The City of Clinton, 391.
Latham v. Myers, 57, 519. Guardian: Re-
ports. In re Estate of Heath, 40.
Lauman v. The County of Des Moines, 29,
310. Taxes: Action to Recover. Dickey
v. The County of Polk, 292.
Leonard v. Ingraham & Marshall et al., 406.
Homestead: Abandonment of. The Sav
ings Bank of Decorah v. Kennedy, 456.
Lewis v. The C., M. & St. P. R. Co., 57, 127.
Contributory Negligence. Ormond v. The
Central Iowa R. Co., 743.
Lewis v. Soule, 52, 11. Action to Quiet Title.
Lees v. Wetmore, 172. Tax Deed: Lumi-
tation. Monk v. Corbin, 505.
Lieber v. The U. P. R. Co., 49, 688. Gar-
nishment: Exemption. Smith e. Dickson,
446.
Liuton v. Crosby, 54, 478. Husband and Wife:
Dower. In re Estate of Lenon, 760.
Little et al. v. Sinnett, 7, 324. Administra-
tion. Lees v. Wetmore, 180.
Lyman & Co. v. Bechtelle & Ross et al., 55,
437. Practice. Lyman & Co. v. Bechtelle
& Ross et al., 755.
Macklot v. The City of Davenport, 17, 379.
Erroneous Assessment
Dickey r. The
County of Polk, 290.
Macomber v. Peck, 39, 351. Conveyance:
Fraud. Strong et al. e. Lawrence et al.,
Madison v. Spitsnogle, 369. Jurisdictional
Test. The City of Centerville x. Drake,
564.
Manderschid v. The City of Dubuque, 29, 73.
Highways. Davis v. The City of Clinton,
391.
Marshall v. Bunker, 40, 121. Replevin. Reis-
ner et al. . Currier, 215, 217.
Marshall v. Sloan, 35, 445 Mandamus.
bin et al. v. The Board of Directors of the
Ind. District of West Branch, 81.
McCormick v The C., R. I. & P. R. Co., 41,
193. Railroads. Brentner v. The C., M.
& St. P. R. Co., 628.
McCramer v. Thompson, 21, 244. Bond:
Surety Released. The State v. Craig et al.,
241.
McCrary v. Tasker, 41, 255. Estates. Wil-
son v. Stanton et al., 405.
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