9 Iowa opinions name it 2 courts 1875–1984 0 in the last five years
The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sarvold v. Dodsongreen1 sentence1984The elements of malicious prosecution were summarized in Sarvold v. Dodson, 237 N.W.2d 447, 448 (Iowa 1976): The elements of a malicious prosecution are: (1) a previous prosecution, (2) instigation or procurement thereof by defendant, (3) termination of the prosecution by an acquittal or discharge of plaintiff, (4) *101 want of probable cause, (5) malice in bringing the prosecution on the part of the defendant, and (6) damage to plaintiff. (citations omitted). | 1 | 1 |
Taylor v. Burgusgreen2 sentences1945In Taylor v. Burgus, supra, 221 Iowa 1232, 1235, 1236 , 262 N. W. 808 , the appellant made the same request as that made by appellant here, and this court refused to rule upon assignment that the trial court erred in refusing to sustain his motion to direct a verdict, and summarily accepted appellant’s request, and affirmed the judgment for appellee. 1945In Taylor v. Burgus, supra, 221 Iowa 1232, 1235, 1236 , 262 N. W. 808 , the appellant made the same request as that made by appellant here, and this court refused to rule upon assignment that the trial court erred in refusing to sustain his motion to direct a verdict, and summarily accepted appellant’s request, and affirmed the judgment for appellee. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ward v. Ely-Walker Dry Goods Building Co.
green
2 sentences1929Co., 248 Mo. 348 ( 154 S. W. 478 ), in which case it was upheld. 1929Co., 248 Mo. 348 ( 154 S. W. 478 ), in which case it was upheld. | 1 | 1929–1929 |
State v. Cook
green
1 sentence1929But when the act is proved by direct testimony, and all that remains to be found is the intent which accompanied the act, and which may be inferred from the circumstances accompanying the act, then this principle does not apply, and the true rule is that given by the court. ’ ’ For authority holding to the same effect, see Smith v. State, supra. The defendant relies upon State v. Cook, 188 Iowa 655 , and State v. Farrand, 192 Iowa 809 ; but said cases are distinguishable from the instant case and from the authorities hereinbefore cited. | 1 | 1929–1929 |
State v. Farrand
green
1 sentence1929But when the act is proved by direct testimony, and all that remains to be found is the intent which accompanied the act, and which may be inferred from the circumstances accompanying the act, then this principle does not apply, and the true rule is that given by the court. ’ ’ For authority holding to the same effect, see Smith v. State, supra. The defendant relies upon State v. Cook, 188 Iowa 655 , and State v. Farrand, 192 Iowa 809 ; but said cases are distinguishable from the instant case and from the authorities hereinbefore cited. | 1 | 1929–1929 |
Thompson v. Read
green
1 sentence1909The court had occasion to cite that provision in Thompson v. Read, 41 Iowa, 48 , and in construing its terms Mr. Justice Beck, writing the opinion, says: “It is presumed that the language was intended to apply to actions arising upon contracts executed in this State, and it is so concluded.” The same effect is given the statute in Goodnow v. Stryker, 62 Iowa, 224 , and Bradley v. Cole, 67 Iowa, 652. | 1 | 1909–1909 |
Rice v. City of Des Moines
green
1 sentence1900The instructions given announced the correct rule, as laid down in Rice v. City of Des Moines, 40 Iowa, 638 ; McConnell v. City of Osage, 80 Iowa, 293 ; Munger v. City of Waterloo, 83 Iowa, 559 ; and there Avas no error in refusing those asked. 4 The appellant also assigns error in the instruction relative to future suffering and the permanency of plaintiff’s injury. | 1 | 1900–1900 |
McConnell v. City of Osage
green
1 sentence1900The instructions given announced the correct rule, as laid down in Rice v. City of Des Moines, 40 Iowa, 638 ; McConnell v. City of Osage, 80 Iowa, 293 ; Munger v. City of Waterloo, 83 Iowa, 559 ; and there Avas no error in refusing those asked. 4 The appellant also assigns error in the instruction relative to future suffering and the permanency of plaintiff’s injury. | 1 | 1900–1900 |
Hunger v. City of Waterloo
neutral
1 sentence1900The instructions given announced the correct rule, as laid down in Rice v. City of Des Moines, 40 Iowa, 638 ; McConnell v. City of Osage, 80 Iowa, 293 ; Munger v. City of Waterloo, 83 Iowa, 559 ; and there Avas no error in refusing those asked. 4 The appellant also assigns error in the instruction relative to future suffering and the permanency of plaintiff’s injury. | 1 | 1900–1900 |
Amsden v. Dubuque & Sioux City R. R.
neutral
1 sentence1879Co., 32 Iowa, 288 ; in that case the court refused an instruction stating to the jury the facts established by the record and did not pass upon the question of the identity of the issues of the two actions. | 1 | 1879–1879 |
State v. Haven
neutral
1 sentence1879The instruction is drawn substantially in language used in 'the opinion in State v. Haven, 43 Iowa, 181 . | 1 | 1879–1879 |
Muldowney v. Ill. Cent. Ry. Co.
green
1 sentence1875In Muldowney v. The Illinois Central Railroad Co., 36 Iowa, 462 , (470), we held that it was not error to refuse to instruct the jury that “when the employe has the same knowledge or means of knowledge, of the defects or imperfections in the machinery or cars, about or upon which he is employed, as his employer has, and does not object thereto, he cannot sustain an action for an injury caused by such defects or imperfections, but will be held to have incurred all the risks of the employment incident to the use of such defective cars or machinery.” When the -same case, was again before us, ( 39 | 1 | 1875–1875 |
Muldowney v. Illinois Central R.
green
1 sentence1875In Muldowney v. The Illinois Central Railroad Co., 36 Iowa, 462 , (470), we held that it was not error to refuse to instruct the jury that “when the employe has the same knowledge or means of knowledge, of the defects or imperfections in the machinery or cars, about or upon which he is employed, as his employer has, and does not object thereto, he cannot sustain an action for an injury caused by such defects or imperfections, but will be held to have incurred all the risks of the employment incident to the use of such defective cars or machinery.” When the -same case, was again before us, ( 39 | 1 | 1875–1875 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.