Butler v. Mercer

Indiana Supreme Court

Butler v. Mercer

14 Ind. 479

CourtIndiana Supreme Court

DecidedJune 12, 1860

StatusPublished

Cited by7 cases

This text of 14 Ind. 479 (Butler v. Mercer) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. Mercer, 14 Ind. 479 (Ind. 1860).

Pincite

Opinion

Per Curiam.—

Suit for disturbance of the occupancy and possession of a dwelling house, and injury to the same, by breaking the windows, &c. Recovery by the plaintiff.

The Court instructed the jury that if the injury to the house was malicious, they might give vindictive damages. As a malicious trespass is punishable criminally, it is not punishable civilly. Tabor v. Hutson, 5 Ind. R. 322.

The judgment is reversed with costs. Cause remanded, &c.

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Per Curiam.—

Suit for disturbance of the occupancy and possession of a dwelling house, and injury to the same, by breaking the windows, &c. Recovery by the plaintiff.

The Court instructed the jury that if the injury to the house was malicious, they might give vindictive damages. As a malicious trespass is punishable criminally, it is not punishable civilly. Tabor v. Hutson, 5 Ind. R. 322.

The judgment is reversed with costs. Cause remanded, &c.

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Bluebook (online)

14 Ind. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-mercer-ind-1860.

Opinion

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