Montgomery v. Sutton
Supreme Court of Iowa
Appeal from Boone District Court. This is an action for malicious prosecution and for false imprisonment. There was a trial to a jury, and verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Rothrock J.
1. MALICIOUS prosecution: resisting officer: evidence: not dismissible. I. The defendant was marshal of the city of Boone, and on the day of the general election in October, 1879, certain parties engaged in an angry discus-r ° ° , . ° J sion m one of the streets of the city, which at-footed a large crowd of persons. The defendant appeared upon the scene and took hold of one Parker, who was one of the angry disputants, and ordered him to desist from making a disturbance. Parker went away. John Hart was engaged in the dispute with Parker, and on the other side of the controversy. The…
2Cases cited2 opinions
- Heath v. StateSupreme Court of Alabama · 1860
- State v. BatesSupreme Court of Iowa · 1867
3Cited by5 opinions
- Davis v. SeeleySupreme Court of Iowa · 1894
- Bennett v. HollowellSupreme Court of Iowa · 1927
- Heath v. HaganSupreme Court of Iowa · 1907
- Montgomery v. SuttonSupreme Court of Iowa · 1885
- State v. GarrettSupreme Court of Iowa · 1890