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DAVIS v. RUDOLPH

No. 48003.

52 N.W.2d 15 (1952)

DAVIS v. RUDOLPH.

Supreme Court of Iowa.

Rehearing Denied May 9, 1952.

Attorney(s) appearing for the Case

Richards & Richards, of Red Oak, White & Bruner, of Carroll, Rudolph & Rudolph and Dalton & Dalton, all of Atlantic, for appellant.

J. R. McManus, of Des Moines, and Bennett Cullison, of Harlan, for appellee.

OLIVER, Justice.

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...

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