Jontz v. Mahedy

HARRIS, Justice.

This is a personal tort suit against Mahe-dy, a judicial magistrate, on the claim of willful and malicious oppression under color of his office. The plaintiff appeals from a ruling of the trial court sustaining Mahe-dy’s special appearance. We reverse the trial court and remand.

In passing on a special appearance a trial court, and we on review, accept the allegations of plaintiff’s petition as true. Douglas Mach. & Eng. v. Hyflow Blanking Press, 229 N.W.2d 784, 787-88 (Iowa 1975). Under this rule we are bound to assume that, as plaintiff alleges, both he and defendant belong…