Jones v. Brockman

This is an appeal from the sustaining of a summary judgment in a damage action for malicious prosecution. We affirm.

Defendant, Elmer Brockman, was the superintendent of the weed control authority of Garfield and Valley *16counties, and a deputy sheriff of Valley county. Brock-man had sent a letter by certified mail to plaintiff, Lowell A. Jones, requesting him to spray various noxious weeds. The letter was refused.

On July 19, 1969, Brockman, accompanied by the chairman of the weed board, drove to Jones’ farm for the purpose of serving a notice on him personally. They met Jones on the road…