are unable to say the court was not justified in so doing. It will, of course, be understood the finding has the force and effect of a verdict of a jury.

II. It is insisted that improper testimony was admitted. But no such testimony is specifically pointed out. The complaint is that an extraordinary latitude was given to the cross-examination and matters inquired about that have no bearing on the matters in issue. We, however, see nothing in the examination to condemn, and clearly there was no prejudicial error.

III. The court decreed that the defendants might proceed and sell the real estate, and thereby obtain a satisfaction of the judgment. This action of the court is objected to, and it is also said there was no affirmative evidence in support of the allegations of the answer. But in neither of these particulars was there any error committed.

We deem it unnecessary to state our reasons for this conclusion.

AFFIRMED.

AMENDED RULES OF PRACTICE IN THE SUPREME COURT.

ADOPTED JUNE 14, 1879, BY THE FOLLOWING ORDER:

Ordered, That the following amended Rules of Practice be adopted, to take effect from this date.

RULE 19.-At least thirty (30) days before the day assigned for the hearing of a cause, the appellant shall serve upon the attorney for each appellee a printed copy of so much of the abstract of record as may be necessary to a full understanding of the questions presented for decision (said abstract to be prepared as required by sections 97, 98 and 99). He shall also, fifteen (15) days before the first day of the term for which the cause is to be docketed for trial, file with the clerk ten (10) copies of said abstract, and no cause will be heard until thirty (30) days after such service, and fifteen (15) days after such filing with the clerk; nor shall it be docketed unless this and other rules shall be complied with. In case of cross-appeals the party first giving notice of appeal shall, under this rule, be considered the appellant. RULE 57.-To entitle an appellant to submit his case, either orally or in print, he must serve copies of his brief of points and authorities, or argument, on counsel for each of the appellees at least thirty (30) days before the day assigned for the hearing of the case. The appellee shall serve copies of his brief or argument upon counsel for each appellant at least ten (10) days before the hearing, and the reply, if in print, shall be served at least three (3) days before the case is to be finally submitted. Each party shall file with the clerk ten (10) copies of each brief or argument before the case is so submitted. A failure to comply with above requirements will entitle the party not in default, unless the court shall for sufficient cause otherwise order, to a continuance, or to have the case submitted, at his option, upon the brief and argument on file when the default occurred. All briefs and arguments shall be prepared and printed as required by sections 94, 98 and 99 hereof. RULE 58.-All arguments in addition to oral ones shall be in print; proper evidence of the service upon opposing counsel of printed matter in a cause shall be filed therewith; and the clerk shall note upon the docket the date of each service. All manuscripts and printed arguments shall be filed with the clerk, and he shall not transmit to the judges any paper not served and filed in time under the rules, nor shall any argument or brief be considered which does not go through the hands of the clerk. No cause shall be entered as submitted until the arguments are finally and actually concluded.

INDEX.

ADMINISTRATOR.

1. GOOD WILL. The book of a land and tax-paying agent, containing the
names and addresses of his correspondents, constitutes the good will
of his business, and his administrator may be required to return it as
assets of the estate. Thompson et al. v. Winnebago County et al., 155.
2. CLAIM OF. An administrator of an estate of which he was one of the
heirs cannot, after the personal estate has been distributed, and after
the time has elapsed in which all claims against the estate should
have been filed, maintain an action against his co-heirs for services
rendered the ancestor. Janes v. Brown et al., 568.

3. ORDER TO PAY CLAIM. An order by the court to pay a claim, duly
sworn to and filed, is sufficient to indicate that the claim is approved
by the court, even when it has not been formally proved up. Marlow
v. Marlow, 639.

4. CLAIM AFTER FINAL SETTLEMENT.

Where a party having a claim
against the estate of a deceased person presented the same to the
administrator, but never formally filed it, and gave it no further
attention until eight years afterward, when he commenced an action
therefor against the administrator and heirs, it was held that he was
not entitled to the relief sought. Phelps v. Thompson et al., 641.

See MORTGAGE, 8.
PRACTICE, 4.

ADVERSE POSSESSION.

1. STATUTE OF LIMITATIONS. Where the grantors of plaintiff and defend-
ant had established a division line between them, irrespective of the
line established by government, which line had been maintained for
more than ten years, held, that the possession beyond the government
line was adverse, and protected by the statute of limitations. Hiatt v.
Kirkpatrick et al., 78.

See STATUTE OF LIMITATIONS, 1.

APPEAL.

1. WHEN IT LIES: DEMURRER. An appeal lies from an order of the court

overruling a demurrer when such ruling involves the merits of the
case, and the party at the time elects to stand upon his demurrer.
Cowen v. Boone et al., 350.

See HIGHWAY, 1, 2, 3.

PRACTICE, 7, 23

PRACTICE IN THE SUPREME Court.

STOCK, 2.

TAXATION, 5.

APPEARANCE,

See HIGHWAY, 2, 3.

JUDGMENT, 3, 7.

PRACTICE, 20.

ASSESSMENT

See DAMAGES, 6, 7

MUNICIPAL CORPORATION, 1.

TAXATION, 3, 4, 5, 6, 7.

ATTACHMENT.

1. LIEN: FOREIGN JUDGMENT.

By the levy of an attachment a party
acquires a lien on real estate of which he cannot be divested without
his voluntary act or day in court, and such lien will not be affected by
a decree subsequently rendered in a court of another State, in a pro-
ceeding to which the attachment plaintiff is not made a party. McBride
v. Harn et al., 151.

2. EVIDENCE INTENT. Where the issue is the wrongful suing out of a
writ of attachment, based upon the alleged sale of property to defraud
creditors, the testimony of the attachment defendant respecting the
intent with which he disposed of his property is not admissible
& Co. v. Belden et al., 451

Selz

3. RELEASE OF PROPERTY: EVIDENCE. Where the sheriff releases attached
property under a bond providing that the obligors shall be liable for
any judgment that may be rendered, the property is nevertheless con-
structively in his possession so long as it is in the possession of the
bondsmen, and parol evidence is not admissible to show that the prop-
erty was in fact released to the owner thereof. Id

4. MEASURE OF DAMAGES. The measure of damages in an action therefor,
for the wrongful suing out of an attachment upon a stock of goods,
is the cost of replacing the goods at the place where they were levied
upon. Id.

5. ATTORNEY'S FEES: PRACTICE. In such an action the court may submit
to the jury a special interrogatory inquiring whether or not the
attachment was wrongfully sued out, and, if answered in the affirma-
tive, the court may then receive evidence of the value of the attorney's
services, and fix the amount to be allowed therefor. Id.

6. DISCHARGE OF PRACTICE. It is competent to move to discharge an
attachment upon real estate where the question of ownership is in
issue, when the facts upon which the motion is based are conceded.
Rausch v. Moore, 611.

7. DOWER: NOT SUBJECT TO ATTACHMENT.

The unassigned dower interest

of a widow in the real estate of her deceased husband is not subject
to attachment in an action at law. SEEVERS, J., dissenting. Id.

ATTORNEY.

1 LIEN OF: WAIVER. Where an attorney obtained judgment in favor of
his client, and filed a claim for a lien thereon, and afterward procured
the satisfaction of the judgment by perfecting the client's title to land
attached in the action, held, that whatever lien he might have been
entitled to upon the land attached, in the hands of the adverse party,
was waived when he procured satisfaction of the judgment, and the
transfer of the title to his client. Cowen v. Boone et al., 350.

2. CONTRACT: CUSTOM The custom of the attorneys of a certain county
to hold themselves responsible for sheriffs' fees, in cases wherein they
may be employed, does not subject an attorney to liability therefor, in
the absence of an express agreement, or of proof that the attorneys
were accustomed to pay for such services regardless of the responsi-
bility of their clients Doughty v Paige, 483.

3 PRINCIPAL AND AGENT

The fact that the attorney contracts for such
services does not render him liable, since he makes the employment
in the capacity of agent of his client. Id.

See VERIFICATION.

ATTORNEY'S FEES.

See ATTACHMENT, 5.

EVIDENCE, 5.

PLEADING, 1, 2.

BOARD OF SUPERVISORS.

See CONTRACTS, 9, 10.

SCHOOL FUND, 1.

BRIDGES.

1. EVIDENCE. In an action against a county for injuries received by the
falling of a bridge, the records of the board of supervisors are not
admissible to show that they appropriated money for repairing or
reconstructing the bridge. Titler v. Iowa County, 90.

2. LIABILITY OF COUNTY. To establish the liability of the county, it must
be shown that prior to the accident the county had assumed control
of the bridge, or made appropriations for building or keeping it in
repair. Id

See CONTRACTS, 9, 10, 11.

BUILDING ASSOCIATIONS.

See USURY, 2.

CASES IN IOWA REPORTS CITED AND FOLLOWED.