Horst v. Handke
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — O. D. Wheeler, Judge. Action by plaintiff to recover damages for an alleged assault, with a coimterclaim by defendant for damages for malicious prosecution. Trial to a jury. Verdict for plaintiff for $4,500, $2,900 of which was actual damages, and $1,600 was exemplary damages. Nothing was allowed on defendant’s counterclaim. The above matters are shown by the answers to five special interrogatories.
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Appeal from Pottawattamie District Court. — O. D. Wheeler, Judge. Action by plaintiff to recover damages for an alleged assault, with a coimterclaim by defendant for damages for malicious prosecution. Trial to a jury. Verdict for plaintiff for $4,500, $2,900 of which was actual damages, and $1,600 was exemplary damages. Nothing was allowed on defendant’s counterclaim. The above matters are shown by the answers to five special interrogatories. The jury also found specially that the criminal prosecution was not without probable cause, and that plaintiff did not, commence it maliciously. On…
1Opinion of the CourtPreston, J.
i trim.: instruetio^kPhMtns" theories. — The issues, stated as briefly as may be, are, as alleged by iilaintiff, that, on October 5, 1916, plaintiff and her husband and family were residing on lands owned by the defendant, which they had leased from defend-an*’s S01b Adolph, for the year 1916; that the premises so occupied and leased to them comprised a house, summer kitchen, part of the barn, and about an acre of ground; that, while she and her family were in the actual possession of said buildings and premises, and while she was in said summer kitchen, defendant wrongfully, unlawfully,…
2Cases cited7 opinions
- People v. . TomlinsNew York Court of Appeals · 1914
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Brause v. BrauseSupreme Court of Iowa · 1920
- Emsley v. BennettSupreme Court of Iowa · 1873
- State v. CessnaSupreme Court of Iowa · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Snyder v. Bernstein Bros.Supreme Court of Iowa · 1926
- United Carbon Co. v. ConnCourt of Appeals of Kentucky · 1961