Gwinn v. Crawford
Supreme Court of Iowa
Appeal from Monona Circuit Court, An opinion reversing the judgment below was announced, filed and recorded in this case at the June term, 1874. In the vacation following, and within the time prescribed, the appellee’s counsel filed a petition for rehearing. A reply thereto was ordered and filed, and we have given to the case a further and more deliberate consideration. The action is at law, and the petition contains two counts.
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Appeal from Monona Circuit Court, An opinion reversing the judgment below was announced, filed and recorded in this case at the June term, 1874. In the vacation following, and within the time prescribed, the appellee’s counsel filed a petition for rehearing. A reply thereto was ordered and filed, and we have given to the case a further and more deliberate consideration. The action is at law, and the petition contains two counts. The first count alleged that on December 21, 1871, the defendant, by threats of violence to the person of the plaintiff, caused her, under the duress of such threats,…
1Opinion of the CourtCole, J.
-Upon the trial the court gave to the jury, among others, instruction No. 2, and by the former opinion of this *66court the judgment was reversed for an alleged error in that instruction, which is as follows: “The jury may first determine whether defendant made threats of personal violence towards plaintiff, and if so, whether plaintiff gave and surrendered to defendant the money in question through fear of such violence, and if so, whether plaintiff’ was then the owner of said money, and if you so find all these issues, then you will find plaintiff entitled to recover the amount of such money…
2Cases cited3 opinions
- State v. TweedySupreme Court of Iowa · 1860
- Miller v. BryanSupreme Court of Iowa · 1856
- Dixon v. StewartSupreme Court of Iowa · 1871
3Cited by1 opinion
- Churchill v. GronewigSupreme Court of Iowa · 1890