Legal Opinion

Carpenter v. Parker

Supreme Court of Iowa

Decided December 17, 1867PublishedCited by 1 opinion

Appeal from, Temía District Court. Practice: evidence: instructions: exceptions. — Action for assault and battery, false imprisonment and trespass. Defense — First, in denial. Second, justification, under an order or orders issued by the governor, Win. M. Stone, by N. B. Baker, adjutant-general of Iowa, .directed to Captain W. It.

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Appeal from, Temía District Court. Practice: evidence: instructions: exceptions. — Action for assault and battery, false imprisonment and trespass. Defense — First, in denial. Second, justification, under an order or orders issued by the governor, Win. M. Stone, by N. B. Baker, adjutant-general of Iowa, .directed to Captain W. It. Lewis and L. F. Parker, commanding them to take their companies of State militia and arrest the plaintiff and others, who were a pretended company of militia whose members were charged with the recent murder of John M. Woodruff and John L. Bashore (deputy IT. S.…

1Opinion of the CourtDillon, J.

l appeal: to court. I. Defendants’ motion to dismiss the appeal must be overruled. The appeal was taken in time. The judgment was i’endered September 21, 1866. Appeal notices on both the clerk and the defendants were served in March, 1867, and the record filed in this court in October of the year last named.

2. practice: recordl'iost instrument. II. In disposing of the plaintiff’s appeal, we notice only those points which are insisted upon in the printed argument of his attorney. And first, it is claimed that the court erred in admitting in evidence for defendants, an order purporting to have…

2Cases cited1 opinion

  1. Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862

3Cited by1 opinion

  1. Mershon v. National InsuranceSupreme Court of Iowa · 1871

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