Jones v. Van Donselaar, No. 36941.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSTEVENS
Citation204 N.W. 416,200 Iowa 176
PartiesJONES ET AL. v. VAN DONSELAAR ET AL.
Decision Date25 June 1925
Docket NumberNo. 36941.

200 Iowa 176
204 N.W. 416

JONES ET AL.
v.
VAN DONSELAAR ET AL.

No. 36941.

Supreme Court of Iowa.

June 25, 1925.


Appeal from District Court, Woodbury County; Miles W. Newby, Judge.

Action upon an attachment bond to recover damages for the alleged wrongful and malicious suing out of a writ of attachment. A verdict, returned by the jury in plaintiffs' favor, was set aside by the court upon a motion for a new trial, and they appeal. Affirmed.

[204 N.W. 416]

Forest W. Hanna, of Kansas, City, Mo., and Edward E. Wagner and Robert B. Pike, both of Sioux City, for appellants.

Jepson, Struble, Anderson & Sifford, of Sioux City, for appellee Maryland Casualty Co.


STEVENS, J.

This is an action upon an attachment bond to recover actual and punitive damages for the wrongful and malicious suing out of and levying of a writ of attachment. Plaintiffs and the Van Donselaars are nonresidents of this state. The bond was executed by the Maryland Casualty Company as surety at Sioux City, Iowa. The original notice was served upon it alone, and the Van Donselaars are not parties to this appeal.

On March 15, 1921, the Van Donselaars instituted an action in the district court of Woodbury county against appellants claiming damages in the sum of $10,000 on account of false and fraudulent representations alleged to have been made in the sale of a certain tract of land situated in Lyman county, S. D. Jurisdiction was obtained in this action by the attachment of a sum of money belonging to appellees in the possession of a bank in Sioux City. Issues were joined in the original action, and a trial commenced. At the close of the plaintiffs' testimony, and upon the motion of the defendants, the trial court abated the action for want of jurisdiction on the ground that the defendants were induced by the fraud and trickery of the plaintiffs to send their property into this state. Defendants appealed from this ruling of the trial court, but it was affirmed. See Van Donselaar v. Jones, 195 Iowa, 1081, 192 N. W. 22, where the facts are fully stated. Thereupon the defendants in that action, appellants herein, instituted suit upon the attachment bond to recover damages. A trial resulted in a verdict in their favor against the surety company for $8,504.96. Upon motion of the defendant, appellee herein, this verdict was set aside, and a new trial granted. A second trial was had, which resulted in another verdict for the plaintiffs, this time in the sum of $9,924.60. This verdict was also set aside upon the motion of the defendant for a new trial. Hence this appeal.

The ground upon which the motion for a new trial was sustained in both instances was the passion and prejudice of the jury. The court upon the latter trial, in sustaining the motion, specifically overruled all other grounds stated therein with the result that both parties have appealed. The appeal of plaintiffs having been first taken, we shall denominate them as the...

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2 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • 30 Septiembre 1953
    ...Monument Co., 1930, 211 Iowa 1307, 233 N.W. 493; Morrow v. Scoville, 1928, 206 Iowa 1134, 221 N.W. 802; Jones v. Van Donselaar, 1925, 200 Iowa 176, 204 N.W. 416; Taylor v. Williamson, 1924, 197 Iowa 88, 196 N.W. 713, there is no mathematical ratio and exemplary damages may considerably exce......
  • Stockdale v. Agrico Chemical Co., Div. of Con. Oil Co., Civ. No. 69-C-2010-C.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • 21 Marzo 1972
    ...v. Baird & Baird, supra 238 Iowa 871, 29 N.W.2d 201; Schultz v. Enlow 201 Iowa 1083, 205 N.W. 972, supra; Jones v. Van Donselaar, supra 200 Iowa 176, 204 N.W. 416; Casey v. Ballou Banking Co., 1896, 98 Iowa 107, 67 N.W. 98; Inman v. Ball, 1885, 65 Iowa 543, 22 N.W. 666; Curl v. Chicago, R. ......
2 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • 30 Septiembre 1953
    ...Monument Co., 1930, 211 Iowa 1307, 233 N.W. 493; Morrow v. Scoville, 1928, 206 Iowa 1134, 221 N.W. 802; Jones v. Van Donselaar, 1925, 200 Iowa 176, 204 N.W. 416; Taylor v. Williamson, 1924, 197 Iowa 88, 196 N.W. 713, there is no mathematical ratio and exemplary damages may considerably exce......
  • Stockdale v. Agrico Chemical Co., Div. of Con. Oil Co., Civ. No. 69-C-2010-C.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • 21 Marzo 1972
    ...v. Baird & Baird, supra 238 Iowa 871, 29 N.W.2d 201; Schultz v. Enlow 201 Iowa 1083, 205 N.W. 972, supra; Jones v. Van Donselaar, supra 200 Iowa 176, 204 N.W. 416; Casey v. Ballou Banking Co., 1896, 98 Iowa 107, 67 N.W. 98; Inman v. Ball, 1885, 65 Iowa 543, 22 N.W. 666; Curl v. Chicago, R. ......

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