Legal Opinion

Weller v. Hawes

Supreme Court of Iowa

Decided June 13, 1878PublishedCited by 9 opinions

Appeal from Howard Circuit Court. The plaintiff commenced an action against defendant for the recovery of damages for an alleged wilful and malicious assault, and procured an attachment against the defendant’s property on the ground of his non-residence. The defendant answered, justifying the assault, and claiming damages for the wrongful and malicious suing out of the attachment. There was a jury trial, resulting in a verdict for defendant for thirty dollars.

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Appeal from Howard Circuit Court. The plaintiff commenced an action against defendant for the recovery of damages for an alleged wilful and malicious assault, and procured an attachment against the defendant’s property on the ground of his non-residence. The defendant answered, justifying the assault, and claiming damages for the wrongful and malicious suing out of the attachment. There was a jury trial, resulting in a verdict for defendant for thirty dollars. The court fixed the sum of three hundred dollars as attorney’s costs, allowed defendant for defending the attachment, and rendered…

1Opinion of the CourtDay, J.

1. attachment: amount necessary to authorize: tort. I. The court gave the following instruction: “If you find no damage on account of the assault and battery, or if you find damages on that account, and the amount is not more than five dollars, then the-attachment was wrongfully sued out, and the *46defendant is entitled to recover therefor.” In construing this instruction we need not determine whether in an action of tort an attachment is wrongfully sued out when the plaintiff recovers no damage. The instruction goes beyond this, and asserts that in such action an attachment is wrongfully sued…

2Cases cited2 opinions

  1. Gaddis v. LordSupreme Court of Iowa · 1859
  2. Musser v. CrumSupreme Court of Iowa · 1878

3Cited by9 opinions

  1. State v. ReillyNorth Dakota Supreme Court · 1913
  2. Ames v. ChirurgSupreme Court of Iowa · 1911
  3. Light v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
  4. Lyman v. LauderbaughSupreme Court of Iowa · 1888
  5. Peters v. Snavely-AshtonSupreme Court of Iowa · 1909

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