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REPORTS

OF

CASES AT LAW AND IN EQUITY

DETERMINED BY THE


SUPREME COURT

OF THE

STATE OF IOWA.

DECEMBER 14, 1899-APRIL 11, 1900.

BY

BENJ. I. SALINGER.

VOLUME XXI,

BEING VOLUME CX. OF THE SERIES.

DES MOINES, IOWA:

GEO. H. RAGSDALE, PUBLISHER

1901.

کاتا

Entered according to act of Congress in the year 1901, for the State of Iowa,

BY W. B. MARTIN, SECRETARY OF STATE,

In the office of the Librarian of Congress, Washington, D. C.

Rec. May 15, 1901,

JUDGES OF THE SUPREME COURT

Court

DURING THE TIME OF THESE REPORTS.

GIFFORD S. ROBINSON, SIOUX CITY, Chief Justice.
CHAS. T. GRANGER, WAUKON.*

JOSIAH GIVEN, DES MOINES.

SCOTT M. LADD, SHELDON.

CHARLES M. WATERMAN, DAVENPort.

HORACE E. DEEMER, RED OAK.

JOHN C. SHERWIN, MASON CITY.

OFFICERS OF THE COURT.

MILTON REMLEY, lowA CITY, Attorney General.

C. T. JONES, WASHINGTON, Clerk.

BENJ. I. SALINGER, CARROLL, Reporter.

*The term of Chief Justice Robinson expired December 31, 1899, being succeeded by Mr. Justice Sherwin, and thereupon, Mr. Justice Granger became Chief Justice by order of rotation.

FROM WHICH APPEALS MAY BE TAKEN TO THE SUPREME COURT.

DISTRICT COURTS.

First District-HENRY BANK, JR., Keokuk.

Second District-ROBERT SLOAN, Keosauqua; M. A. ROBERTS, Ottumwa; T. M. FEE, Centerville; F. W. EICHELBERGER, Bloomfield.

Third District-H. M. TOWNER, Corning; W. H. TEDFORD, Corydon.
Fourth District-GEO. W. WAKEFIELD, Sioux City; F. R. GAYNOR,
Le Mars; JOHN F. Oliver, Onawa; Wм. HUTCHINSON, Orange
City.
Fifth District-J. H. APPLEGATE, Guthrie Center; A. W. WILKINSON,
Winterset; JAMES D. GAMBLE, Knoxville.

Sixth District-JOHN T. SCOTT, Brooklyn; W. G. CLEMENTS, Newton;
A. R. DEWEY, Washington.

Seventh District-W. F. BRANNAN. Muscatine; P. B. WOLFE, Clinton; A. J. HOUSE, Maquoketa; JAMES W. BOLLINGER, Davenport. Eighth District-MARTIN J. WADE, Iowa City.

Ninth District-W. F. CONRAD, CALVIN P. HOLMES, CHARLES A. BISHOP, S. F. PROUTY, Des Moines.

Tenth District-A. S. BLAIR, Manchester; FRANK C. PLATT, Waterloo. Eleventh District-J. R. WHITAKER, Boone; S. M. WEAVER, Iowa Falls; BENJAMIN P. BIRDSALL, Clarion.

Twelfth District-CLIFFORD P. SMITH, Mason City; J. F. CLYDE, Osage; C. H. KELLEY, Forest City.

Thirteenth District-L. E. FELLOWS, Lansing; A. N. HOBSON, West Union.

Fourteenth District-WILLIAM B. QUARTON, Algona; F. H. HELSELL,

Sioux Rapids.

Fifteenth District-A. B. THORNELL, Sidney; WALTER I. SMITH, Council Bluffs; N. W. MACY, Harlan; W. R. GREEN, Audubon. Sixteenth District-S. M. ELWOOD, Sac City; Z. A. CHURCH, Jeffer

son.

Seventeenth District-GEORGE W. BURNHAM, Vinton; Obed Caswell,

Marshalltown.

Eighteenth District-H. M. REMLEY, Anamosa; WILLIAM G. THOMP SON, Kenwood Park; WILLIAM N. TREICHLER, Tipton. Nineteenth District-FRED O'DONNELL, Dubuque; MATHEW C. MATHEWS, Dubuque.

Twentieth District-JAMES D. SMYTH, Burlington; WINFIELD S. WITHROW, Mt. Pleasant.

SUPERIOR COURTS.

Cedar Rapids-THOMAS M. GIBERSON.

Council Bluffs-E. E. AYLESWORTH.

Keokuk-RICE H. BELL

IN MEMORIAM.

JAMES H. FEENAN.

On the first day of February, 1899, James H. Feenan, a resident of Marengo, and for many years a prominent member of the bar of this court, died in Chicago, Illinois.

At the May term of said court, in 1899, the following resolution in honor of his memory was offered and read before it and ordered spread upon its records:

RESOLUTIONS OF RESPECT.

WHEREAS, death has removed from our midst the Hon. James H. Feenan, late of Marengo, Iowa, therefore be it

Resolved, That we deplore his death, and recognize in it a grievous loss to the profession and the community, and we hereby express our profound respect and esteem for him as a man of noble mind and grand character.

That the community has lost a wise and reliable counsellor, a man of good purposes and great energy, a prominent citizen, who was ever active and untiring in his efforts to promote the best interests of society, and the welfare of his clients, friends and neighbors.

That the court and the bar of the county, the district, and the State, have lost an able, efficient, and upright lawyer and advocate, whose great respect for the law was only equalled by his desire for justice in all legal proceedings.

That we present these resolutions in court, that the same may be spread upon the records wherein he practiced, and that copies thereof be furnished his family and the press.

Dated at Marengo, Iowa, this 30th day of March, 1899.

1. N. W. RUMPLE,

R. P. HOWELL,

R. W. PUGH,

Committee on Resolutions.

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