Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 164State of Iowa, 1914 - Law reports, digests, etc |
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Page 1
... cause and of malice . De- fendant should also have been permitted to show in this case that plaintiff made a bill of ... CAUSE : EVIDENCE . In actions for abuse of process 2 the plaintiff must prove want of probable cause ; and this ...
... cause and of malice . De- fendant should also have been permitted to show in this case that plaintiff made a bill of ... CAUSE : EVIDENCE . In actions for abuse of process 2 the plaintiff must prove want of probable cause ; and this ...
Page 2
Iowa. Supreme Court. 3 ferred from want of probable cause . The instructions in this case were erroneous in failing to require proof of probable cause . Same : MALICE : INSTRUCTIONS . Instructions submitting the question of malice , in ...
Iowa. Supreme Court. 3 ferred from want of probable cause . The instructions in this case were erroneous in failing to require proof of probable cause . Same : MALICE : INSTRUCTIONS . Instructions submitting the question of malice , in ...
Page 3
... cause of action set out in the petition he will proceed upon . And the plaintiff in open court elects to proceed upon the cause of action for abuse of process set out in the petition . " The case then went to trial upon the issues ...
... cause of action set out in the petition he will proceed upon . And the plaintiff in open court elects to proceed upon the cause of action for abuse of process set out in the petition . " The case then went to trial upon the issues ...
Page 4
... cause , but that it was also malicious , and any facts which tend to rebut either of these propositions are admissible in evidence . If then defend- ant Butler had reasonable grounds to believe that the mare was subject to attachment ...
... cause , but that it was also malicious , and any facts which tend to rebut either of these propositions are admissible in evidence . If then defend- ant Butler had reasonable grounds to believe that the mare was subject to attachment ...
Page 7
... cause ; the rule being akin , in that respect , to actions for malicious prosecution . In fact , the two actions are of the same general character , the one being the malicious pros- ecution of a suit and the other the malicious use of ...
... cause ; the rule being akin , in that respect , to actions for malicious prosecution . In fact , the two actions are of the same general character , the one being the malicious pros- ecution of a suit and the other the malicious use of ...
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Common terms and phrases
acres action Affirmed alleged amount appellant appellee Aschan assessment attorney Bales bank Boyer river cause Cedar Rapids charge claim concur contract contributory negligence damages Davis death decree deed DEEMER defendant defendant's dence directed verdict district court District Court.-HON ditch entitled error evidence execution fact fendant filed finding fraud garnishee GAYNOR ground held husband indebtedness injury instruction interest intoxicating liquors Iowa issue Judge judgment jury LADD land liability lien MARCH 14 matter ment Moines mortgage motion negligence notice objection owner paid party payment person petition plaintiff pleaded Polk county possession proceeding purchase purpose question quiet title quitclaim deed reason record refused Ruckman rule settlement statute statute of frauds street sufficient supersedeas bond sustained testator testified testimony thereof tion trial court trust verdict wife WITHROW witness Wittick
Popular passages
Page 754 - Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat; or where the attorney regularly employed corruptly sells out his client's interest...
Page 211 - ... whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such...
Page 137 - There is no inherent right in a citizen to thus sell intoxicating liquors by retail ; it is not a privilege of a citizen of the State or of a citizen of the United States.
Page 142 - No reason is perceived why, if Congress chooses to provide that certain designated subjects of interstate commerce shall be governed by a rule which divests them of that character at an earlier period of time than would otherwise be the case, it is not within its competency to do so.
Page 137 - By the general concurrence of opinion of every civilized and Christian community, there are few sources of crime and misery to society equal to the dramshop, where intoxicating liquors, in small quantities, to be drunk at the time, are sold indiscriminately to all parties applying. The statistics of every State show a greater amount of crime and misery attributable to the use of ardent spirits obtained at these retail liquor saloons than to any other source.
Page 210 - When any child under the age of sixteen (16) years shall be found to be dependent or neglected within the meaning of this act, the court may make an order committing...
Page 535 - Is that a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which In fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of the negligent act, have thought reasonably possible to follow, If they had occurred to his mind.
Page 119 - ... or own, keep, or be in any way concerned, engaged or employed in owning or keeping any intoxicating liquor with intent to violate any provision of this chapter, or authorize or permit the same to be done...
Page 276 - ... not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 210 - State institution, or to the care of some reputable citizen of good moral character, or to the care of some training school, or an industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its objects the purpose of caring for, or obtaining homes for dependent or neglected children, which association shall have been accredited as hereinafter provided.