Newman v. Davis
Supreme Court of Iowa
Appeal from Linn District Court. The plaintiff instituted a suit against the defendant, and stated his cause of action in his petition as follows: “That on the 5th day of August, 1880, before Wm.
Read the full summary
Appeal from Linn District Court. The plaintiff instituted a suit against the defendant, and stated his cause of action in his petition as follows: “That on the 5th day of August, 1880, before Wm. Perkins, a justice of the peace, within and for the township of Linn, in Linn county, Iowa, the defendant wickedly and maliciously, and without any probable cause, instituted a prosecution in the name of the State of Iowa, against said plaintiff for an alleged criminal offense, and before said magistrate, falsely, maliciously and with intent to injure, harass and oppress said plaintiff, made…
1Opinion of the CourtDay, J.
1. MALICIOUS presecution : mistake : liability of complainant. From the testimony of Wm. Perkins, the justice of the peace before whom the proceedings in question occurred, it appears that the defendant did not in fact sign or file any information. He simply stated and swore to the facts, and the justice entered them upon his docket. The docket of the justice was introduced in evidence, and so far as pertains to this case, is as follows: “On this 5th day of August, 1880, information be*449ing laid before me under oath by ¥m. Davis, against the defendant, accusing him of the crimp of using abusive…
2Cases cited2 opinions
- Shaul v. BrownSupreme Court of Iowa · 1869
- M'Neely v. DriskillIndiana Supreme Court · 1829
3Cited by13 opinions
- Ball v. RawlesCalifornia Supreme Court · 1892
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
- Marks & Co. v. HastingsSupreme Court of Alabama · 1893
- Holden v. MerrittSupreme Court of Iowa · 1894
- Cole v. AndrewsSupreme Court of Minnesota · 1898
8 more not listed; retrieve them via the Exa API.