Fountain v. West
Supreme Court of Iowa
Appeal from Harrison District Court. Libel : construction' of writing : how justified : QUANTUM OF PROOF: PRACTICE: CHALLENGING JURY: ONUS probandi, etc. — The petition charges that the defendants wrote and published, concerning the plaintiff, the following writing, alleged to he false and libelous: “ To J. Y. Fountain: Sir: We, whose names are hereto affixed, have good reason to believe from circumstantial evidence and from threats that have been made to certain…
Read the full summary
Appeal from Harrison District Court. Libel : construction' of writing : how justified : QUANTUM OF PROOF: PRACTICE: CHALLENGING JURY: ONUS probandi, etc. — The petition charges that the defendants wrote and published, concerning the plaintiff, the following writing, alleged to he false and libelous: “ To J. Y. Fountain: Sir: We, whose names are hereto affixed, have good reason to believe from circumstantial evidence and from threats that have been made to certain individuals, that you are the man that poisoned George West’s cattle; knowing that you are a man who is guilty of all manner of…
1Opinion of the CourtDillon, J.
i. Juey: challenge. I. In selecting the trial jury, twelve lawful men being in the box, both parties passed them for cause, Plaintiff, being inquired of by the court, said he had no peremptory challenges to make. Defendants then challenged a juror peremptorily, and another lawful juror was called to fill the panel. Both these passed for cause. But the plaintiff was allowed by the court, against the defendants’ objection, peremptorily to challenge one Tuck, who was on the panel at the time the plaintiff passed his first peremptory challenge. Tuck was directed to retire, and another was called…
2Cases cited4 opinions
- Forshee v. AbramsSupreme Court of Iowa · 1856
- Woodward v. LavertySupreme Court of Iowa · 1862
- Emerick v. SloanSupreme Court of Iowa · 1864
- Fisher v. TiceSupreme Court of Iowa · 1866
3Cited by20 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- State v. PeelMontana Supreme Court · 1899
- Santry v. StateWisconsin Supreme Court · 1886
- State v. HunterSupreme Court of Iowa · 1902
- Cape Girardeau & Chester Railroad v. BlechleSupreme Court of Missouri · 1911
15 more not listed; retrieve them via the Exa API.