Krehbiel v. Henkle
| Decision Date | 01 June 1909 |
| Parties | JACOB G. KREHBIEL, Appellant, v. W. L. HENKLE, Appellee |
| Court | Iowa Supreme Court |
Appeal from Lee District Court.--HON. HENRY BANK, JR., Judge.
Reversed.
T. B Snyder and Washington Galland, for appellant.
E. C Weber and Hamilton & Fraley, for appellee.
THE opinion states the material facts.--Reversed.
On February 6, 1906, the appellee filed an information before a justice of the peace of Lee County, Iowa, alleging: That four pictures, "The Rough Riders," "Warships," "An English Scene," and "Rock of Ages," had been "feloniously taken" from the schoolhouse in district No. 1 in Van Buren township in said county; that there was good reason for believing that Martha Richardson had said pictures in her possession; and that they were "supposed to be secreted at or about the house of Jacob Krehbiel," the appellant herein. Upon strength of these allegations, the informant demanded that a warrant issue for the search of the dwelling of said Krehbiel. A warrant was issued for the search of appellant's home for the discovery of the pictures and containing the following directions: "If the pictures are supposed to be locked up in a trunk and the key is not delivered, bring the trunk." These words were inserted in the warrant at the request of the appellee, who went with the constable to the home of the appellant and assisted in making the search. Upon their demand they were admitted to the room which had been occupied by a boarder, one Martha Richardson, where were found certain pictures which appellee claimed to identify as having been stolen from the schoolhouse, and the officer took them into his possession. Upon application for change of venue, the justice issuing the warrant transferred the proceedings to the court of the next nearest magistrate, who upon hearing the evidence, and finding the charge made in the information to be without sufficient support, dismissed the same and ordered a restoration of the property. Thereafter appellant instituted this action for damages, alleging that in suing out said warrant and causing the search of his premises for alleged stolen property the appellee acted wilfully, maliciously, and without probable cause. On trial to a jury the plaintiff introduced evidence tending to show the state of facts hereinbefore set forth. It also tended to show that Martha Richardson had been teacher of the public school in said district and at some time during the term she had decorated the walls of the schoolroom with cheap pictures, some of which were furnished by herself and her friends, and some had been brought to her by the pupils from their homes. Among them were three or four brought by a son of the appellee, none of which are shown to have any material or substantial value. At the close of the term, Miss Richardson burned most of the pictures she had placed on the walls, and upon asking the pupils what should be done with those furnished by themselves, and receiving no request for their preservation, burned them also. As she was at the railway station about to leave the neighborhood, she was accosted by the appellee, who insinuated that she had appropriated the pictures and demanded to know the contents of the grip she was carrying. the appellant, being present and rebuking him for his insolence, was told to keep still and that he would hear from appellee later. The pictures taken under the warrant were identified by a third person as having been given to the teacher by himself. The appellee is shown to have been quite officious in urging the issuance of the warrant and dictating its terms and in leading the invasion of the appellant's premises. At the close of the testimony upon the part of the appellant, the appellee moved for a directed verdict in his favor on the ground that the showing made was insufficient to sustain a finding of malice on his part or want of probable cause in suing out the writ, and on the further ground that there had been shown no arrest of plaintiff's person, no seizure of his property or search...
To continue reading
Request your trial