McDonald v. Bice
Supreme Court of Iowa
Appeal from Linn District Court.- — IIon. W. G. Thompson, J udge. The petition in tliis case is in three counts- The first claims damages for alienation of the affections of plaintiff’s-wife, tlie second is for the conversion of certain personal property, and the last makes another claim for damages on account of the seducing and debauching of plaintiff’s wife.
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Appeal from Linn District Court.- — IIon. W. G. Thompson, J udge. The petition in tliis case is in three counts- The first claims damages for alienation of the affections of plaintiff’s-wife, tlie second is for the conversion of certain personal property, and the last makes another claim for damages on account of the seducing and debauching of plaintiff’s wife. The answer is in general denial, with a plea of the statute'of limitations against the matter set up in the first count of the-petition. There was a trial to jury. Verdict and judgment in defendant’s favor. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
1 The first matter of complaint is that the trial court did not state the issues to the jury otherwise than by copying the pleadings in its charge. While this is the fact, and that manner of submitting a case to a jury has been condemned by this court (Swanson v. Allen, 108 Iowa, 419), yet we should hesitate to reverse on this ground alone. It may, perhaps, be that the facts •are so stated in the pleadings as that no prejudice could have resulted to plaintiff from the method pursued. Crawford v. Nolan, 72 Iowa, 673. In view, however, of the retrial which we find must be had on another…
2Cases cited6 opinions
- Swanson v. AllenSupreme Court of Iowa · 1899
- Harlin v. StevensonSupreme Court of Iowa · 1870
- Tredway v. McDonaldSupreme Court of Iowa · 1879
- Crawford v. NolanSupreme Court of Iowa · 1887
- Robinson v. AllenSupreme Court of Iowa · 1873
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3Cited by6 opinions
- Cuthbertson v. Harry C. Harter Post No. 839 of Veterans of Foreign Wars of the United StatesSupreme Court of Iowa · 1954
- McConaughy v. WilseySupreme Court of Iowa · 1902
- Central Trust Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1906
- Tedrow v. JohnsonSupreme Court of Iowa · 1914
1 more not listed; retrieve them via the Exa API.