Tyler v. Bowen
Supreme Court of Iowa
Appeal from Harrison District Court.— Hon. N. W. Macy, Judge. Action at law, aided by an attachment, to recover a sum alleged to be dne plaintiff from defendant as rental for certain premises, for damages done said premises, and on an account. The defendant denied any indebtedness, and pleaded a counterclaim for damages, due to the wrongful suing out of the attachment, and other matters not necessary to be mentioned.
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Appeal from Harrison District Court.— Hon. N. W. Macy, Judge. Action at law, aided by an attachment, to recover a sum alleged to be dne plaintiff from defendant as rental for certain premises, for damages done said premises, and on an account. The defendant denied any indebtedness, and pleaded a counterclaim for damages, due to the wrongful suing out of the attachment, and other matters not necessary to be mentioned. On these issues the case was tried to a jury, resulting in a verdict and judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, C. J.
xremedies.0^ Before the commencement of the trial defendant pleaded a counterclaim for the malicious suing out of the writ independent of the bond. Plaintiff demurred to this counterclaim, and defendant, conceding the demurrer, then filed a counterclaim on the attachment bond. Plaintiff thereupon pleaded a former adjudication, an estoppel- based on an election by defendant of his remedies in filing his counterclaim for malicious prosecution. There is no merit in these pleas. Smith v. Bricker, 86 Iowa, 285; Thorson v. Baker, 107 Iowa, 50. The counterclaims interposed were each based on the…
2Cases cited2 opinions
- Smith v. BrokerSupreme Court of Iowa · 1892
- Lyons v. Van GorderSupreme Court of Iowa · 1889
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- J. N. Dunlap & Co. v. AndersonSupreme Court of Iowa · 1911