Ritchey v. Davis
Supreme Court of Iowa
Appeal from Adams District GouH. contended: 1. To entitle plaintiff to recover, be must prove want of probable cause, and malice either express or implied. 2. That the evidence in this case was not sufficient to show sucb want or malice. Citing, 5 Taunt. 187; 1 Sneed’s (Tenn.) l,-228; 4 Dana, (Ky.) 121; 1 Mason 24; 9 East. 361; 3 Blackf. 445; 11 Dedell 233. 3. Malice could be implied only from a total want of probable cause. Bristoto v. ITaytoood, 2 Eng. Com.
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Appeal from Adams District GouH. contended: 1. To entitle plaintiff to recover, be must prove want of probable cause, and malice either express or implied. 2. That the evidence in this case was not sufficient to show sucb want or malice. Citing, 5 Taunt. 187; 1 Sneed’s (Tenn.) l,-228; 4 Dana, (Ky.) 121; 1 Mason 24; 9 East. 361; 3 Blackf. 445; 11 Dedell 233. 3. Malice could be implied only from a total want of probable cause. Bristoto v. ITaytoood, 2 Eng. Com. L. 289; 8 Watts 240; Potter v. Seal, 8 Cal. 220; 3 Wash. C. C. 31; 10 John. 106; 24 Pick. 84; 2 Wend. 424; 1 lb. 140; 9 Conn. 309; 3…
1Opinion of the CourtLowe, C. J.
Case of malicious prosecution for having plaintiff arrested maliciously and without probable cause, upon a charge of an alleged threat to do the defendant a great bodily injury. Defendant denies, generally, and pleads other immaterial matters in avoidance, upon which the cause was submitted to a jury, and five hundred dollars in damages were given for plaintiff; a new trial moved for, refused, and final judgment rendered for the damages assessed by the jury.
Two of the causes assigned for a new trial, will be considered :
1. That the verdict was against the weight of evidence.
2. That the…
2Cases cited3 opinions
- Center v. SpringSupreme Court of Iowa · 1856
- Newell v. DownsIndiana Supreme Court · 1847
- Paukett v. LivermoreSupreme Court of Iowa · 1857
3Cited by13 opinions
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Parker v. ParkerSupreme Court of Iowa · 1897
- Olson v. NealSupreme Court of Iowa · 1884
- Schnathorst v. WilliamsSupreme Court of Iowa · 1949
- Smith v. HowardSupreme Court of Iowa · 1869
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