135 Iowa 739 | Iowa | 1907
The defendant filed an information before a magistrate and caused the arrest of the plaintiff herein upon a charge of larceny, alleged to have been committed by concealing or selling mortgaged personal property of the value of more than $20. On the preliminary examination the magistrate found there was not sufficient reason •shown for believing the plaintiff guilty of the crime charged against him, and the prosecution was dismissed and the plaintiff ordered released from custody. Alleging that such prosecution was malicious and without probable cause to believe the truth of said charge, plaintiff seeks to recover damages.
It appears without controversy that in August, 1904, plaintiff bought a carriage of the firm of Sims & Gray, and secured the debt thus originating by a mortgage to the vendors upon the carriage and a certain gray mare then owned by him. It is the claim of the plaintiff that within a short time after this transaction the mare died, leaving no property subject to the lien except the carriage. Later plaintiff placed another mortgage oh the carriage and a certain sorrel horse owned by him. This debt, he says, was for the purchase price of the sorrel horse, and the mortgage was paid off about two months later. Thereafter, being unable to pay the. debt to Sims & Gray, plaintiff returned the carriage to them. Up to this point, the theory of the defendant does not differ materially from that of the plaintiff, except that he claims the gray mare did not die, but was traded by plaintiff for the sorrel horse. The appellant complains of numerous adverse rulings by the trial court, but we shall refer only to those which seem to us material and decisive of the appeal.
Other questions argued by counsel are not likely to arise on a retrial of the case, and we do not attempt their review.
For the reason stated, the judgment of the district court is reversed.