Logan v. Maytag
Supreme Court of Iowa
Appeal from Marshall District Court. The petition states the defendant “with malice toward plaintiff and for the purpose of compelling him to remove from the house in which he was living, and from the farm on which said house is situated, and without probable cause,” filed an information before a justice of the peace, charging that the plaintiff stole one bushel of corn belonging to the defendant; that plaintiff was tried and acquitted of said charge.
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Appeal from Marshall District Court. The petition states the defendant “with malice toward plaintiff and for the purpose of compelling him to remove from the house in which he was living, and from the farm on which said house is situated, and without probable cause,” filed an information before a justice of the peace, charging that the plaintiff stole one bushel of corn belonging to the defendant; that plaintiff was tried and acquitted of said charge. There' was a general denial, trial by jury, verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSeevers, J.
i. evidence: immaterial. I. The plaintiff was the tenant of the defendant, in possession of certain premises, and the theory of the former on the trial was the defendant determined plaintiff should leave said premises, and for the purpose of effectuating this object, the criminal prosecution was commenced, and that in so doing he was actuated by express malice. For the purpose of establishing such theory, the plaintiff proved by one Schnell that his brother went to the plaintiff for the purpose of buying him out, and asked said witness the following question: “Do you know of Maytag’s…
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