74 Iowa 17 | Iowa | 1888
The following special interrogatories were submitted to the jury:
‘£ (4) Did the defendant, Coffman, seek the advice of an attorney before he instituted the criminal proceedings complained of b‘y plaintiff ? (5) Did that attorney, with a full knowledge of the facts in the case, advise said Coffman that in his opinion a criminal suit was maintainable against this plaintiff? (6) Did defendant act on such advice in commencing the criminal proceedings in controversy herein ? ”
To each of these interrogatories, an affirmative answer was given by the jury, and the question is whether the facts thus found conclusively show that the general verdict is so inconsistent therewith that it must be set aside. It must be assumed that the jury followed the instructions above set out. Therefore, they must have found that, although plaintiff stated the facts to counsel and acted on the advice of counsel in commencing the criminal action, yet in doing so he did not act in good faith, or that he himself did not believe there was probable cause for the prosecution. It will be observed that the question of the good faith of the defendant, or whether he believed there was probable cause for the prosecution, was not submitted to the jury in the special interrogatories, and, therefore, the general and special verdicts are not inconsistent, and both can stand in full force. It is sufficient to say that, as the instruction above referred to was not excepted to, it constitutes the law of the case, and it was the duty of the jury to follow it, whether right or wrong ; but we incline to think it is a correct statement of the law. Center v. Spring, 2 Iowa, 393.
The court did not err in refusing to enter judgment for the defendant on the special verdict.
Aeeikmed.