Smith v. Howard
Supreme Court of Iowa
Appeal from Appanoose District Court. The defendant filed an information before a justice and caused plaintiff’s arrest, for the alleged stealing of a certain calf) the property of, etc.
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Appeal from Appanoose District Court. The defendant filed an information before a justice and caused plaintiff’s arrest, for the alleged stealing of a certain calf) the property of, etc. Plaintiff was discharged, and thereupon commenced this action, claiming, first, for the value of said calf (the possession of which it seems defendant in some way obtained); second, for ££ malicious prosecution ” (the original notice says for “ false imprisonment,” but the court and counsel seem to have ignored this designation); third, for slanderous words spoken in relation to such alleged larceny. Upon the…
1Opinion of the Court
Wright, J.—
i. amendment: variance: discretion. The errors assigned relate to the action of the court in allowing an amendment to the third count of the petition, in rejecting certain evidence, -, „ . . . , . and giving and reinsing certain instructions. Of these in their order. 1. The objections to the amendment were, that it set up an additional cause of action, was too late, and defendant was not prepared to resist it. It was offered while the second argument was being made to the jury by defendant’s counsel. The testimony is not before us. Defendant made. no showing of being taken by…
2Cases cited6 opinions
- Center v. SpringSupreme Court of Iowa · 1856
- Newell v. DownsIndiana Supreme Court · 1847
- Mayo v. SampleSupreme Court of Iowa · 1865
- Ritchey v. DavisSupreme Court of Iowa · 1860
- Fulmer v. FulmerSupreme Court of Iowa · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Myers v. HodgesSupreme Court of Florida · 1907
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Bruce v. Byrne-Stevens & Associates Engineers, Inc.Washington Supreme Court · 1989
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
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