This cause coming on for final hearing on the plaintiff's petition, and answer made thereto, and the defendant's answer and cross petition, and thus heard upon the pleadings alone, and the court having heard the argument of counsel, inspected the said record and being fully advised in the premises, doth order, adjudge and decree, that the plaintiff's bill be dismissed; that the bridge bonds described therein be treated as in every respect binding obligations of the city of Des Moines according to the tenor thereof, and that the parties thereto and those in privity with them be forever concluded from asserting or maintaining any defense against the payment of said bonds, and the interest thereon, on the grounds that the same were irregularly issued in excess of the constitutional limitation upon the power of the said city to become indebted; that the money now in possession of the defendant Allen, be applied by the proper officers of the city of Des Moines to the purposes for which the same was raised; and that the defendant have and recover the costs herein taxed at ---- dollars, and that execution issue therefor. To which plaintiff excepts. Upon the rendition of this decree I immediately entered an appeal in behalf of George Sneer, and perfected the same by filing the proper abstract of record in the supreme court of the state. The cause was submitted to the supreme court on printed arguments on April 4, 1871. At the October term of the supreme court, being an argument term held at Davenport at that date, the supreme court really decided the case by an opinion written by Judge Beck in behalf of a majority of the court, and the opinion was sent by Justice Day to the clerk about the time the court was to adjourn, with orders to file the same, and Mr. Charles Linderman, the clerk of the court, informed me that he had actually marked the opinion "Filed," and that about the time that the filing was completed Judge C. C. Cole, then one of the judges of the supreme court, entered the clerk's office and filed with him a paper signed by George Sneer dismissing his appeal, and that he entered upon the records of the court the following entry: "On application of appellant, it is ordered by the court that the appeal herein be, and the same is hereby dismissed." At the ensuing regular term of the supreme court held at Des Moines, December 5, 1871, the following entry was made in the case: "At the argument term held at Davenport in October last, on application of George Sneer per se, appellant herein, the court ordered that the appeal be dismissed." Before this dismissal either at Davenport or at Des Moines Sneer had settled with me and paid me the fee agreed upon, and I had nothing further to do with the case except to reproach him for violating his agreement with me that I should prosecute the case to a final result.