we think error in Iowa

1942The opinion contains the following pertinent language at page 754 of 154 Iowa, page 637 of 135 N. W.: *954 “* * * the statute prescribing the method of service of original notices has no application ‘to private papers and notices between parties in their ordinary business transactions and which may relate to or form the foundation of a right.’ And this we think is a rule of quite general application. ’ ’ Squarely in point is Alworth v. Gordon, 81 Minn. 445 , 84 N. W. 454 , holding that a notice to quit sent and received by mail complied with a Minnesota statute. 46 C.

1942The opinion contains the following pertinent language at page 754 of 154 Iowa, page 637 of 135 N. W.: *954 “* * * the statute prescribing the method of service of original notices has no application ‘to private papers and notices between parties in their ordinary business transactions and which may relate to or form the foundation of a right.’ And this we think is a rule of quite general application. ’ ’ Squarely in point is Alworth v. Gordon, 81 Minn. 445 , 84 N. W. 454 , holding that a notice to quit sent and received by mail complied with a Minnesota statute. 46 C.

1918For this position, and for the holding that the damages are excessive, and show passion and prejudice, a mere citation of some of our decisions is sufficient. .See Saunders v. Mull en, 66 Iowa 728 (malicious levy), wherein we set aside a verdict where the actual damages, were $50 and the punitive ones $650; Ahrens v. Fenton, 138 Iowa 559 , where the 'actual damages were $38 and the exemplary damages $800.

1918For this position, and for the holding that the damages are excessive, and show passion and prejudice, a mere citation of some of our decisions is sufficient. .See Saunders v. Mull en, 66 Iowa 728 (malicious levy), wherein we set aside a verdict where the actual damages, were $50 and the punitive ones $650; Ahrens v. Fenton, 138 Iowa 559 , where the 'actual damages were $38 and the exemplary damages $800.

1915See Gray v. McLaughlin, 26 Iowa 279 ; Keyes v. City of Cedar Falls, 107 Iowa 509 ; Patton v. Town of Sanborn, 133 Iowa 653 .

1914Por example, see Fitzpatrick v. Fitzpatrick, 36 Iowa, 674 ; Chambers v. Watson, 56 Iowa, 676 ; Schouler’s Wills (2d Ed.), section 569; In re Cummings’ Estate, 120 Iowa, 426 ; Nelson v. Nelson, 7 B.

1914Por example, see Fitzpatrick v. Fitzpatrick, 36 Iowa, 674 ; Chambers v. Watson, 56 Iowa, 676 ; Schouler’s Wills (2d Ed.), section 569; In re Cummings’ Estate, 120 Iowa, 426 ; Nelson v. Nelson, 7 B.

1908As said in State v. King, 117 Iowa, 484, unless sexual intercourse was had or attempted, no prime was committed.

1907It has been held erroneous for a court to state that “ some testimony has been introduced tending to show,” etc. State v. Donovan, 61 Iowa, 369 .

1906What is said in the concluding paragraph of the opinion in Miller v. Armstrong, Ex’r, 123 Iowa, 86 , seems directly applicable in the present case.