Legal Opinion

Burton v. Knapp

Supreme Court of Iowa

Decided December 4, 1862PublishedCited by 5 opinions

Appeal from Dubuque District Court. This action is upon two attachment bonds given in two separate attachment suits in which Knapp was the plaintiff and Burton the defendant. Judgment for defendant and plaintiff appeals.

1Opinion of the CourtBaldwin, C. J.

— The first question presented by the counsel of appellant is, that the court erred in excluding certain derogatory and slanderous words spoken by the defendant, Knapp, of the plaintiff, Burton, after the issuing of the attachments, which were offered by plaintiff as a circumstance tending to show the intention of Knapp in suing *197out said attachments. The words which plaintiff proposed to prove the defendant had used were, that the said Burton was a rascal, scoundrel and thief; that he was a forger, and that he (Knapp) could prove it. The court permitted the plaintiff to introduce in evidence…

2Cases cited2 opinions

  1. Drummond v. StewartSupreme Court of Iowa · 1859
  2. Mahnke v. Damon & Co.Supreme Court of Iowa · 1856

3Cited by5 opinions

  1. Seattle Crockery Co. v. HaleyWashington Supreme Court · 1893
  2. Commercial National Bank Bluffs v. GilinskySupreme Court of Iowa · 1909
  3. Nordhaus v. Peterson Bros.Supreme Court of Iowa · 1880
  4. Cahoon v. HogganUtah Supreme Court · 1906
  5. L. J. Appel Sons, Inc. v. State Ex Rel. TownsendCourt of Appeals of Maryland · 1934

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