Shaul v. Brown
Supreme Court of Iowa
Appeal from Wapello District Court. Action for malicious prosecution. It appears that Shaul sold to Brown a female dog and received therefor six dollars in money; Shaul also claimed that he was to have the choice of the female pups from the first litter the said female dog should bear; this claim Brown denied. The said female dog bore her litter and Shaul in due time called for his female pup.
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Appeal from Wapello District Court. Action for malicious prosecution. It appears that Shaul sold to Brown a female dog and received therefor six dollars in money; Shaul also claimed that he was to have the choice of the female pups from the first litter the said female dog should bear; this claim Brown denied. The said female dog bore her litter and Shaul in due time called for his female pup. Brown apparently conceding his claim to a female pup sought to avoid his choice by evasively leaving his presence and going to his own barn and selecting from the litter the one he preferred to part…
1Opinion of the CourtCole, J.
l. malicious l?fectxyeTia-: formation. The questions made in this case arise upon instructions given and refused. They maJ aU resolved into, and fully decided under, the three following propositions :
I. It is claimed by appellant’s counsel, that dogs are not the subjects of larceny, and therefore the information did not, when taken .together, charge or accuse the plaintiff in this action with any criminal offense; and thereon is based the claim, that since no criminal offense was charged, the plaintiff must prove express malice as contradistinguished from that malice which the jury may infer…
2Cases cited17 opinions
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
- Center v. SpringSupreme Court of Iowa · 1856
- Stone v. StevensSupreme Court of Connecticut · 1837
- Morris v. ScottNew York Supreme Court · 1839
- Stancliff v. PalmeterIndiana Supreme Court · 1862
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Sergeant v. Watson Bros. Transportation Co.Supreme Court of Iowa · 1952
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Bell v. KeepersSupreme Court of Kansas · 1887
- Wilson v. LaphamSupreme Court of Iowa · 1923
- Schnathorst v. WilliamsSupreme Court of Iowa · 1949
24 more not listed; retrieve them via the Exa API.