Smith v. Zent

Best, C.

The appellant brought this action against the appellee, alleging specifically in his complaint that the appellee, oh the 13th day of November, 1875, in an action for malicious prosecution, recovered a judgment’against the appellant ; that he caused an execution to issue upon said judgment upon which personal property belonging to the appellant of the value of three hundred and forty-five dollars was sold; that afterwards said judgment was reversed by this court, and by reason of said sale the appellant has been damaged, etc.

A demurrer to the complaint was overruled, and, the appellee…