Lehmer v. Smith

— This is an action for damages for malicious prosecution and for assault and battery. The cause was filed in Cedar county, but the venue was changed to Polk. The issues were submitted to a jury, resulting in a verdict on the count for malicious prosecution in .the sum of $1000 for actual damages and $750 for punitive damages. On the count for assault and battery the verdict was for $500 for actual damages and $300 punitive. Motion for a new trial was duly filed. Plaintiff filed a remittitur' of $450 of the actual damages found on the count for assault and battery. Judgment, after the…