Wert v. Potts
Supreme Court of Iowa
Appeal from' Polk District Court. — Hon. Marcus Kavanagh, Judge. .• Action to recover for injuries resulting from a wuund by a pistol ball inflicted by defendants while attempting to arrest another. There was- a judgment upon a verdict for plaintiff. Defendants appeal. • ■ ■
1Opinion of the CourtBeck, J.
— I. The defendants, in .addition to a general denial of the petition, pleaded the following among other special defenses: “(4) In relation to the matters and times referred to in plaintiff’s petition, the defendants say and ave r the truth to be that they were legally attempting to arrest one John Harty for criminal offense, upon a warrant for the arrest of said Harty, issued by one Miller, and delivered to defendant G. W. Potts, an acting constable of Saylor township, Polk county, Iowa, — said Miller being-then an acting justice of the peace of said township, and defendant Hamilton being…
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