Center v. Spring
Supreme Court of Iowa
Appeal from the Muscatine District Court. In May, 1854, Spring appeared before a justice of tbe peace, and made an affidavit in due form, charging Center with the crime of -larceny. A warrant was issued, upon which the -accused was arrested, brought before the justice, and after hearing, was discharged.
Read the full summary
Appeal from the Muscatine District Court. In May, 1854, Spring appeared before a justice of tbe peace, and made an affidavit in due form, charging Center with the crime of -larceny. A warrant was issued, upon which the -accused was arrested, brought before the justice, and after hearing, was discharged. Center then brought this action, charging that said prosecution was wrongful, and without any probable -cause; that he was put to great trouble ■and expense in defending himself against said charge; that he was arrested and held in confinement under said warrant, and suffered great damage and…
1Opinion of the Court
Weight, G. J.
The appellant claims'that this is an action on the case for a malicious prosecution. This is denied by the appellee, he claiming that it is technically, neither an action for a malicious prosecution, nor for false imprisonment, but a petition under the Code, to recover damages for both. *404And this latter view appears to have been the one adopted by the court below; for, in addition to the modifications stated, it appears that the jury were told, that this “ was not necessarily to be considered an action for malicious prosecution, as known under our judicial tribunals prior to the…
2Cases cited9 opinions
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
- Foshay v. FergusonNew York Supreme Court · 1846
- Stone v. StevensSupreme Court of Connecticut · 1837
- Williams v. VanmeterSupreme Court of Missouri · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Landa v. ObertTexas Supreme Court · 1876
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
- Johnson v. MillerSupreme Court of Iowa · 1886
- Cole v. CurtisSupreme Court of Minnesota · 1870
28 more not listed; retrieve them via the Exa API.