Payne v. East Liberty Spear Co.

Opinion by

Baldrige, J.,

In this action of malicious prosecution, the plaintiff obtained a verdict in the court below. Defendant appealed.

In 1931 the appellee, under a bailment lease, obtained from the defendant, who conducts an installment furniture business, possession of a mattress and springs, glider, washing machine, three-piece living room suite, two small tables, and two lamps. In the early part of 1933 he became in default in his payments. Defendant issued a writ of replevin to obtain possession of the goods, which was executed on January 12, 1933, by Deputy Sheriff Nichols, who was…