Turner v. Hitchcock
Supreme Court of Iowa
Appeal from Butler District Court. Change of venue : prejudice of judge : release of ONE JOINT tort-feasor: effect of: abatement of nuisance. — The petition charges and the testimony shows, that on the 2d day of July, 1864, a number of women in the town of Shell Rock, Butler county, organized and made a raid or descent upon the saloon of the plaintiff, ' destroying ale, beer, glasses, oysters, candies, figs, &c.
Read the full summary
Appeal from Butler District Court. Change of venue : prejudice of judge : release of ONE JOINT tort-feasor: effect of: abatement of nuisance. — The petition charges and the testimony shows, that on the 2d day of July, 1864, a number of women in the town of Shell Rock, Butler county, organized and made a raid or descent upon the saloon of the plaintiff, ' destroying ale, beer, glasses, oysters, candies, figs, &c. This action is brought against six of these women, who, with their husbands, are the defendants. One, B. W. Johnson was also made a defendant. The defendants (except Johnson, who did…
1Dissent
Wright, J.,
dissenting. — A cannot concur in the conclusion reached in the foregoing opinion as to the effects of plaintiff’s intermarriage with Almina Champlin, one of the joint tort-feasors. No authority is referred to directly maintaining it, nor have I been able to find any.
3. Torts : Beverai’actl0n‘ 4*rM" '1 * aonesaüs-s’ faction, 'severable Cante). The technical rule relied on, has, where applied to cases occurring within it, in my judgment, but little reason to sustain it; and this little even fails under the facts of this case. The single question is, if two or more persons unite in…
2Cases cited5 opinions
- De Zeng v. BaileyNew York Supreme Court · 1832
- Allin v. Shadburne'sCourt of Appeals of Kentucky · 1833
- Thomas v. ThompsonNew York Supreme Court · 1807
- Harrison v. WilcoxNew York Supreme Court · 1807
- Sellon & Co. v. BradenSupreme Court of Iowa · 1862