108 Iowa 487 | Iowa | 1899
— The husband of the plaintiff was largely indebted to the defendant, and, owing to some trouble, the latter assigned the claims to his son, who obtained judgment for over one thousand three hundred dollars, and also procured an order in proceedings auxiliary to execution, requiring the delivery of certain notes to the clerk of court. Instead of doing this, Denton and his wife, the plaintiff, went to the defendant’s house to make settlement of the indebtedness. The plaintiff testified that when on the porch, and about to enter the defendant’s office, he demanded from the kitchen, where he was reading, “What in hell do you want?” They then turned into a hallway leading to that room, and the husband said, “Well, I have come to pay you what I owe you.” Thereupon the defendant cursed him, declined to settle, and threatened to láw him as long as he had a dollar. The plaintiff then said to her husband, “Oh, come; there is no use trying to settle with a mad man,” and he withdrew from the house,passingtheplaintiff, who did not then start. The defendant thereupon moved towards her, and either struck or grabbed her by the shoulder, and pushed he,r toyyards the door,