Legal Opinion

Noble v. White

Supreme Court of Iowa

Decided October 20, 1897PublishedCited by 5 opinions

Appeal from Page District Court. — How. W. R Oreen Judge. Action in two counts to recover damages for two criminal prosecutions commenced by the defendant against the plaintiff for wilful trespass on the land of another, which prosecutions are alleged to have ended, and to have been prosecuted through malice, and without probable cause. One information was filed May 4, 1895, before a justice of the peace, and the other July 9, 1895, before the same justice.

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Appeal from Page District Court. — How. W. R Oreen Judge. Action in two counts to recover damages for two criminal prosecutions commenced by the defendant against the plaintiff for wilful trespass on the land of another, which prosecutions are alleged to have ended, and to have been prosecuted through malice, and without probable cause. One information was filed May 4, 1895, before a justice of the peace, and the other July 9, 1895, before the same justice. Defendant answered, admitting that he filed said informations, and denying every other allegation in the petition. Verdict and judgment…

1Opinion of the CourtGiven, J.

1 I. Appellant moves to strike an additional abstract filed by appellee, on the grounds that it is only a correction of clerical and typographical errors, and that it gives questions and answers. The additional abstract is no more open to these objections than is the abstract of appellant. It appears that said additional abstract is necessary to a full presentation of the case, and the motion is therefore overruled.

2

*3563 *355II. Appellant argues twenty-two assignments of error based upon rulings on evidence, and other assignments based upon the instructions. To an understanding of these questions, it…

2Cases cited4 opinions

  1. Darrance v. PrestonSupreme Court of Iowa · 1865
  2. Fulliam v. City of MuscatineSupreme Court of Iowa · 1886
  3. Bryson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1894
  4. Dunlavey v. WatsonSupreme Court of Iowa · 1874

3Cited by5 opinions

  1. Nicholson v. City of Des MoinesSupreme Court of Iowa · 1954
  2. Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
  3. McMahon v. Iowa Ice Co.Supreme Court of Iowa · 1907
  4. Hughes v. Iowa Central Railway Co.Supreme Court of Iowa · 1905
  5. Nicholson v. City of Des MoinesSupreme Court of Iowa · 1954

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