Legal Opinion

Smith v. Dawley

Supreme Court of Iowa

Decided October 22, 1894PublishedCited by 15 opinions

Appeal from Floyd District Court. — Hon. P. W. Burr, Judge. Action for damages for an assault and battery. Judgment for the plaintiff, and the defendant appeals.

1Opinion of the CourtGranger, C. J.

*3131 *312I. The plaintiff, Bertha Smith, is a child about seven years of age. W. J. Smith is her father and next friend in this suit. The petition *313charges that the defendant, in December, 1892, maliciously struck Bertha Smith with a whip, inflicting upon her a wound from which she has suffered and still does suffer. The answer was a denial and a counterclaim against W. J. Smith, the next friend, for malicious prosecution. On motion of plaintiff, the counterclaim was stricken from the flies, and such action of the court is assigned as error'. There was no error in the ruling. The next friend is not…

2Cases cited7 opinions

  1. Insurance Co. v. MosleySupreme Court of the United States · 1869
  2. People v. VernonCalifornia Supreme Court · 1868
  3. State v. JonesSupreme Court of Iowa · 1884
  4. Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
  5. State v. MooreSupreme Court of Iowa · 1868

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3Cited by15 opinions

  1. Kuiken v. GarrettSupreme Court of Iowa · 1952
  2. Duncan v. RhombergSupreme Court of Iowa · 1931
  3. St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
  4. Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
  5. Hall v. Incorporated TownSupreme Court of Iowa · 1896

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