Legal Opinion

Gray v. McCallister

Supreme Court of Iowa

Decided April 10, 1879PublishedCited by 5 opinions

Appeal from Keokuk District Court. On the 26th day of September, 1877, the defendant McCallister, as plaintiff in an action for malicious prosecution, recovered against J. D. Gray and the defendant in this action John Marquis, a judgment for one thousand two hundred dollars and costs of suit, in the Circuit Court of Washington county. In this action the defendants Earley & Kelley were attorneys for the plaintiff, William McCallister.

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Appeal from Keokuk District Court. On the 26th day of September, 1877, the defendant McCallister, as plaintiff in an action for malicious prosecution, recovered against J. D. Gray and the defendant in this action John Marquis, a judgment for one thousand two hundred dollars and costs of suit, in the Circuit Court of Washington county. In this action the defendants Earley & Kelley were attorneys for the plaintiff, William McCallister. On the 17th day of October, 1876, E. Linstadt recovered a judgment in the District Court of Des Moines county against Marquis & McCallister, John Marquis and…

1Opinion of the CourtDay, J.

The facts in this ease are substantially as follows :

On the 17th clay of October, 1876, F. Linclstadt recovered a judgment against John Marquis and William McCaHister, both as members of a firm and as individuals, for one thousand four hundred and sixteen dollars and seventy-three cents, with an award of special execution against property attached therein, of the value, as shown by the evidence, of from two thousand five hundred to three thousand dollars. The defendant John Marquis procured a release of the personal property attached by the execution of a delivery bond. It does not appear…

2Cases cited3 opinions

  1. Weire v. City of DavenportSupreme Court of Iowa · 1860
  2. Cole v. DealhamSupreme Court of Iowa · 1862
  3. Hurst v. SheetsSupreme Court of Iowa · 1862

3Cited by5 opinions

  1. Kinser v. McMurraySupreme Court of Iowa · 1921
  2. Weed v. FosterWashington Supreme Court · 1910
  3. Kithcart v. KithcartSupreme Court of Iowa · 1910
  4. Clews v. TraerSupreme Court of Iowa · 1881
  5. Vimont v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1884

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