Stewart v. Stewart
Supreme Court of Iowa
Appeal from Guthrie District Court. — H. S. Dugan, Judge. Action at law, to recover a sum of money claimed to be due plaintiff from the defendant on account of certain transactions growing out of the lease of a farm, and to recover damages for the wrongful and malicious filing of an information by defendant, charging plaintiff with the crime of assault with intent to commit murder.
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Appeal from Guthrie District Court. — H. S. Dugan, Judge. Action at law, to recover a sum of money claimed to be due plaintiff from the defendant on account of certain transactions growing out of the lease of a farm, and to recover damages for the wrongful and malicious filing of an information by defendant, charging plaintiff with the crime of assault with intent to commit murder. There was a verdict and judgment in favor of plaintiff for $1,003.50, from which judgment defendant appeals. —
1Opinion of the CourtStevens, C. J.
— Plaintiff’s original petition alleged that the defendant was indebted to him in the sum of $300 for the breach of the terms of an oral lease under whieh plaintiff claimed to have farmed 80 acres of land in Madison County, Iowa, during the season of 1919. The specific claim made was that defendant sold about 1,300 'bushels of oats, grown on the demised premises, *308one third of which belonged to plaintiff, and converted the proceeds to his own use, and plaintiff asked judgment therefor.
On January 24, 1920, plaintiff filed an amendment to his original petition, setting up a cause of action for…
2Cases cited5 opinions
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Burke v. BurkeSupreme Court of Iowa · 1909
- Herrstrom v. Newton & Northwestern RailroadSupreme Court of Iowa · 1905
- Palmer v. City of WaterlooSupreme Court of Iowa · 1908
- Central City Savings Bank v. SnyderSupreme Court of Iowa · 1919
3Cited by2 opinions
- Bartlett v. BolteSupreme Court of Iowa · 1922
- Anspach v. LittlerSupreme Court of Iowa · 1934