Montgomery v. Sutton
Supreme Court of Iowa
Appeal from Story District Court. Ti-ib petition in this case sets forth two causes of action, one for false imprisonment, the other for malicious prosecution. In addition to general denials of the averments of the petition, the answer avers that defendant was the marshal of the city of Boone, and acted as such in making the arrest, and in instituting the proceedings of which plaintiff complains The answer also pleads justification of tiré acts of the defendant.
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Appeal from Story District Court. Ti-ib petition in this case sets forth two causes of action, one for false imprisonment, the other for malicious prosecution. In addition to general denials of the averments of the petition, the answer avers that defendant was the marshal of the city of Boone, and acted as such in making the arrest, and in instituting the proceedings of which plaintiff complains The answer also pleads justification of tiré acts of the defendant. There was a trial by jury, which resulted in .a verdict and judgment for the plaintiff for $600 for the imprisonment, and $187 for…
1Opinion of the CourtRothrock, J.
This cause has once before been in th¡3 court. See 58 Iowa, 697. The leading features of the case are there stated, and, although the facts in the last trial are not identical with those in the first, there is no such variance as renders it necessary to do more than refer to the former opinion. That the defendant was marshal of the city of Boone, and arrested and imprisoned plaintiff, and afterwards filed an information against him, and prosecuted him for an alleged offense, are conceded facts. The questions in the case are: Were the arrest and imprisonment without authority of law? and, was…
2Cases cited2 opinions
- State v. BatesSupreme Court of Iowa · 1867
- Montgomery v. SuttonSupreme Court of Iowa · 1882
3Cited by4 opinions
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- State v. McClureSupreme Court of North Carolina · 1914
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