Legal Opinion

Erb v. German American Insurance

Supreme Court of Iowa

Decided October 24, 1900PublishedCited by 16 opinions

Appeal from Carmll District Court. — Hon. Z. A. Church, Judge. The'plaintiff states as liis cause of action in substance .as'follows: That prior to April 3, 1896, the defendants unlawfully conspired together for the purpose of having ■plaintiff indicted and tried for the pretended crime of arson; ■that in pursuance thereof they, on April 3, 1896, wilfully and maliciously, and without probable cause therefor, did unlawfully procure him to- be indicted by the grand jury of…

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Appeal from Carmll District Court. — Hon. Z. A. Church, Judge. The'plaintiff states as liis cause of action in substance .as'follows: That prior to April 3, 1896, the defendants unlawfully conspired together for the purpose of having ■plaintiff indicted and tried for the pretended crime of arson; ■that in pursuance thereof they, on April 3, 1896, wilfully and maliciously, and without probable cause therefor, did unlawfully procure him to- be indicted by the grand jury of Carroll county on six several indictments for the crime of arson; that under said indictments lie was arrested, put under…

1Opinion of the Court

Given, J.-

*3601 *359I. The record before us is remarkable id that it is unusually voluminous for a case of this kind; yet it is apparent that much of what occurred on the trial haá *360been eliminted as unimportant. Still we haim about 230 pages qf abstract, emphasized by about 180 pages of argument. Appellants’ complaints against the instructions arc largely of them as a whole, and the discussion of these complaints is so blended Avith discussion of facts that we find it difficult to arrive at just what the complaints are. As we understand it, appellants’ complaints of the instructions generally are…

2Cases cited5 opinions

  1. People v. KilvingtonCalifornia Supreme Court · 1894
  2. Ball v. RawlesCalifornia Supreme Court · 1892
  3. Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
  4. Crawford v. NolanSupreme Court of Iowa · 1887
  5. Mallory v. Farmers' Ins.Supreme Court of Iowa · 1884

3Cited by16 opinions

  1. Welton v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
  2. Michael v. MatsonSupreme Court of Kansas · 1909
  3. Sergeant v. Watson Bros. Transportation Co.Supreme Court of Iowa · 1952
  4. Jenkins v. GilliganSupreme Court of Iowa · 1906
  5. Wilson v. LaphamSupreme Court of Iowa · 1923

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