Wetmore v. Mellinger
Supreme Court of Iowa
Appeal from, Des Moines Circuit Cóurt. Action to recover damages sustained by reason of the malicious prosecution of a eivil action by the defendants against the plaintiffs. There was a judgment upon a verdict for defendants. Plaintiff appeals. The facts involved in the questions ruled by the court are fully stated in the opinion.
1Opinion of the CourtBeck, J.
I. In an opinion heretofore announced in this' case, we held that the judgment of the district court ought to be reversed. Upon the petition of defendants, a rehearing *743was granted, and the cause was again argued and submitted. We have reached a conclusion upon the re-argument different from the decision announced in our former opinion, and we will now proceed to state the grounds upon whieli it is based.
The petition alleges that defendants brought an action against plaintiff and his wife, charging in the petition that they two conspired, and confederated together to defraud defendants, by…
2Cases cited3 opinions
- Gorton v. BrownIllinois Supreme Court · 1862
- Kramer v. StockSupreme Court of Pennsylvania · 1840
- Green v. CochranSupreme Court of Iowa · 1876
3Cited by51 opinions
- Roger Asay v. Hallmark Cards, Inc.Court of Appeals for the Eighth Circuit · 1979
- Brody v. RubySupreme Court of Iowa · 1978
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Smith v. Michigan Buggy Co.Illinois Supreme Court · 1898
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