Paukett v. Livermore
Supreme Court of Iowa
Appeal from the Fremont District Court. This action, was brought to recover damages for an alleged malicious prosecution.
Read the full summary
Appeal from the Fremont District Court. This action, was brought to recover damages for an alleged malicious prosecution. The petition alleges, that the defendant filed a complaint before a justice of the peace, charging plaintiff with the crime of robbery, by using force, violence and threats to and upon the defendant, and with such force, violence and threats, talcing two sacks of wheat from the lawful possession of the said defendant, 'by means of which complaint, the plaintiff was arrested and imprisoned for three days, was put to great expense and trouble, and was otherwise injured. The…
1Opinion of the CourtWoodward, J.
The error first assigned, is to the overruling the demurrer to the petition. The defendant did not abide by his demurrer, but answered over and went to trial, and thus waived the questions on the demurrer, ex- < cept so far as they are involved in the instructions asked, or in the motion fox a new trial.
The third error assigned, (which it is convenient to no*280tice before tbe second), is, that tbe court refused to either give or refuse the fourth instruction asked by the defendant, without modification. The bill of exceptions certifies that the counsel for the defendant, on presenting his…
2Cases cited1 opinion
- Center v. SpringSupreme Court of Iowa · 1856
3Cited by6 opinions
- Thompson v. ClarkSupreme Court of the United States · 2022
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
- Parker v. ParkerSupreme Court of Iowa · 1897
- Ritchey v. DavisSupreme Court of Iowa · 1860
- Sypher v. McHenrySupreme Court of Iowa · 1865
1 more not listed; retrieve them via the Exa API.