Legal Opinion

Merritt v. Merritt

Supreme Court of Iowa

Decided May 9, 1922PublishedCited by 1 opinion

Appeal from Linn District Court. — F. F. Dawley, Judge. Action at law for malicious prosecution. Directed verdict for defendant, and plaintiff appeals. —

1Opinion of the CourtFaville, J.

— The appellant and the appellee are distantly related. They reside about a mile apart. There had never been any difficulty between them prior to the transaction out of Avhich this suit originated. Both parties are farmers. ' The appellant is a bachelor, and resides with a brother in a house located some distance from the public highway. On May 27, 1920, the appellant went from the house to the public highway, a distance of about 115 rods, to secure mail from a rural mail box. He took Avith him a small rifle, for the purpose of killing ground squirrels which AArere injuring his corn. He shot…

2Cases cited9 opinions

  1. White v. International Text Book Co.Supreme Court of Iowa · 1912
  2. Pierce v. DoolittleSupreme Court of Iowa · 1906
  3. Holden v. MerrittSupreme Court of Iowa · 1894
  4. Arnold v. StateIndiana Supreme Court · 1883
  5. Ford v. StateMississippi Supreme Court · 1909

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3Cited by1 opinion

  1. Herz v. HamiltonSupreme Court of Iowa · 1924

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