Davis v. Rudolph

This action for malicious prosecution grows out of a landlord’s attachment suit for $1400 farm rent brought by defendant-Rudolph against plaintiff-Davis and wife September 1, 1944. The sheriff levied upon one hundred twenty feeding hogs and other property of Davis. December 21, 1944, Rudolph made affidavit and application that the hogs be sold. By agreement, Davis sold the hogs and.from the proceeds placed $.1600 in the hands of the sheriff to be held in lieu of the hogs. The sheriff deposited this fund with the clerk of the district court. December 30,1944, through mistake and error the…