Garland v. Wholebau
Supreme Court of Iowa
Appeal from Winneshiek District Court. Willful trespass: pleading: verdict: damages, &0. —■ The petition is as follows: The plaintiff alleges “ that he was the owner of a span of mares, each of the value of $250, in all the value of $500; that while so owning them the defendant, on the 29th day of September, 1865, did willfully and maliciously injure them by shooting each of them with shot, and did so willfully and maliciously, with intent to injure the plaintiff; .that…
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Appeal from Winneshiek District Court. Willful trespass: pleading: verdict: damages, &0. —■ The petition is as follows: The plaintiff alleges “ that he was the owner of a span of mares, each of the value of $250, in all the value of $500; that while so owning them the defendant, on the 29th day of September, 1865, did willfully and maliciously injure them by shooting each of them with shot, and did so willfully and maliciously, with intent to injure the plaintiff; .that the'mares, in consequence of the shooting, were injured and damaged, in the actual damage to the plaintiff, of $500; and…
1Opinion of the CourtDillon, J.
i. pratice-, on appeal. I. We cannot consider the alleged erroneous instructions, for the reason that the only evidence that any instructions were given to the jury ^ ^at certain instructions are copied into the defendant’s motion for a new trial. This does not make *272them a part of the record; and if it did, they do not appear to have been excepted to at the time. The question argued by the appellant, that exemplary damages are not recoverable in cases where the injury is also an indictable offense, for which the defendant may be criminally punished, is, therefore, not presented by the record.
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2Cases cited1 opinion
- Laverty v. WoodwardSupreme Court of Iowa · 1864
3Cited by4 opinions
- Ross v. Hawkeye InsuranceSupreme Court of Iowa · 1895
- Dowdle v. CornueSouth Dakota Supreme Court · 1896
- Petty v. Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Sandusky Machine & Agricultural Works v. HooksSupreme Court of Iowa · 1891