Newman v. Davis

• Citation: 10 N.W. 852,58 Iowa 447
• Parties: NEWMAN v. DAVIS
• Decision Date: 06 June 1882
• Court: United States State Supreme Court of Iowa

10 N.W. 852

58 Iowa 447

NEWMAN v. DAVIS

Supreme Court of Iowa, Des Moines

June 6, 1882

Appeal from Linn District Court.

THE plaintiff instituted a suit against the defendant, and stated his cause of action in his petition as follows: "That on the 5th day of August, 1880, before Wm. Perkins, a justice of the peace, within and for the township of Linn, in Linn county, Iowa the defendant wickedly and maliciously, and without any probable cause, instituted a prosecution in the name of the State of Iowa against said plaintiff for an alleged criminal offense, and before said magistrate falsely, maliciously and with intent to injure, harass and oppress said plaintiff, made information on oath, accusing said plaintiff of using abusive language such as, 'you are a liar and thief,' and then and there maliciously and with intent to injure, harass and oppress said plaintiff procured a warrant to be issued by said magistrate, and placed in the hands of William Brown, constable, directing and commanding him to arrest plaintiff for the alleged criminal offense. That afterwards, on the 9th day of the same month, the said constable, under and by virtue of said warrant arrested said plaintiff and took him before the said magistrate, whereupon the cause was continued to the 19th day of the same month, and plaintiff gave bond for his appearance on that day, and afterward, on the 19th day of August, 1880 the said proceeding was dismissed by the court. In the meantime, between his arrest and the dismissal of said proceeding, the plaintiff was put to great trouble and expense in efforts to procure counsel and prepare for his defense. That in consequence of the wrongful, wicked and malicious prosecution instituted against him, the plaintiff has sustained damages in the sum of two thousand dollars."

The defendant answered as follows: "That he did on or about the 5th of August, 1880, appear before one Wm. Perkins, a justice of the peace, and relate to said justice, truthfully what had transpired between the plaintiff and this defendant, to-wit: 'that the plaintiff had called this defendant a liar and a thief;' whereupon the said Wm. Perkins, as such justice of the peace and in his official capacity, caused to be written out an information, and informed this defendant that a crime had been committed by the plaintiff, and the criminal laws of the State violated, and that it became necessary for the defendant to sign said information, which advice and counsel he believed to be true, and relied upon the same, and whatever he did in the premises he did in good faith and without malice, and upon the express advice and direction of said justice of the peace, and upon a full and truthful statement of the facts in the case and in no other manner." Upon the trial the court struck out all of the plaintiff's testimony, and directed the jury to return a verdict for the defendant. The plaintiff appeals.

AFFIRMED.

C. W. Kelper and J. B. Young, for appellant.

J. C. Davis, for appellee.

OPINION

DAY, J.

From the testimony of Wm. Perkins, the justice of the peace before whom the...