Anson v. Dwight
Supreme Court of Iowa
Appeal from Marshall District Court. This suit was commenced before a justice of the peace, plaintiff claiming one hundred dollars damages for the wrongful killing, by order of defendant, of plaintiff’s “ thorough-bred setter dog.” There was a jury trial before the justice, which resulted in a verdict and judgment for fifty dollars for plaintiff.
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Appeal from Marshall District Court. This suit was commenced before a justice of the peace, plaintiff claiming one hundred dollars damages for the wrongful killing, by order of defendant, of plaintiff’s “ thorough-bred setter dog.” There was a jury trial before the justice, which resulted in a verdict and judgment for fifty dollars for plaintiff. The defendant took certain exceptions to the ruling of the justice, and prosecuted his writ of error thereon to the District Court, where the judgment was reversed and cause remanded for a new trial. The plaintiff appeals to this court.
1Opinion of the CourtCole, J.
1. Pleadings: confession and avoidance. I. The defendant filed his written answer, containing three counts. The second and third counts of the arfswer set forth, at length, certain WOuld justify the killing of the dog; but the only confession of such killing contained in the counts was, that, before and “ at the time said defendant’s minor son and servant, as the servant of the defendant, did shoot,” &c. The plaintiff demurred to these counts, because they did not confess the trespass, &c. The justice sustained the demurrer, and defendant stood thereon, and prepared and had signed a bill of…
2Cases cited6 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. FitzpatrickIndiana Supreme Court · 1858
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Joy v. HopkinsNew York Supreme Court · 1847
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3Cited by18 opinions
- State v. CrouchSupreme Court of Iowa · 1906
- Missouri River R. R. v. RichardsSupreme Court of Kansas · 1871
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- Alexander v. CrosbySupreme Court of Iowa · 1909
- Day v. Mill-Owners' Mutual Fire InsuranceSupreme Court of Iowa · 1888
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