Moffatt v. Fisher
Supreme Court of Iowa
Appeal from Mahaska GircvAt Gov/rt. The plaintiffs in their petition aver in substance that they leased from the defendant certain coal land, with the right to mine the same from October 12, 1871, to January 1, 1878; that they spent a large amount of money in digging entries and shafts; that the defendant maliciously and without probable cause caused an action of forcible entry and detainer to be commenced before a justice of the peace, in which action he obtained judgment…
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Appeal from Mahaska GircvAt Gov/rt. The plaintiffs in their petition aver in substance that they leased from the defendant certain coal land, with the right to mine the same from October 12, 1871, to January 1, 1878; that they spent a large amount of money in digging entries and shafts; that the defendant maliciously and without probable cause caused an action of forcible entry and detainer to be commenced before a justice of the peace, in which action he obtained judgment for possession, and upon the issuance of a writ was put into'possession; that afterwards upon appeal the judgment of the…
1Opinion of the CourtAdams, J.
I. The first error assigned is in these words: “ The court erred in giving each of the instructions given on its own motion.” Section 3207 of the Code provides that the assignment of error must, in a way as specific as the case will allow, point out the very error objected to. This the assignment above set forth did not do. It presents nothing, therefore, for our determination.
i m\ltcious probable011' cause. II. Error, however, is specifically assigned upon the 5th insti'uction, which is in these words: “The transcript of the record of the trial before the justice of the peace, ^as heen…
2Cases cited1 opinion
- Goodrich v. WarnerSupreme Court of Connecticut · 1852
3Cited by14 opinions
- Hanser v. BieberSupreme Court of Missouri · 1917
- Johnson v. MillerSupreme Court of Iowa · 1884
- Saunders v. BaldwinSupreme Court of Virginia · 1911
- Penton v. CanningWyoming Supreme Court · 1941
- Bowman v. BrownSupreme Court of Iowa · 1879
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