Butler v. Mercer
Butler v. Mercer
14 Ind. 479
Cases that cite this one
6 later published cases cite this decision.
- Eddy v. McGinnis (Ind. 1988)
- Pegram v. Stortz (W. Va. 1888)
- Borkenstein v. Schrack (Ind. Ct. App. 1903)
- Wabash Printing & Publishing Co. v. Crumrine (Ind. 1889)
- Brown v. Evans (United States Circuit Courts 1883)
- Koerner v. Oberly (Ind. 1877)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.