137 Iowa 721 | Iowa | 1907
An information was filed before a justice of the peace by this defendant charging this plaintiff with breaking and entering a building in the daytime with intent to commit larceny, under which this plaintiff was arrested. Subsequently the prosecution was dismissed, and plaintiff sues for damages. The facts relied upon by defendant to show reasonable belief that plaintiff was guilty of the crime charged against him were substantially that the plaintiff, having a key to a barn belonging to defendant in which was stored a camping outfit belonging to one Delaney on which defendant had a lien, entered said barn by means of the key without defendant’s consent, but under the direction of Delaney, and took away the camping outfit. Defendant had no knowledge at the time the information was filed that plaintiff had any authority from Delaney with reference to the goods, but, when advised that plaintiff had such, authority, he dismissed the prosecution.
The objection that certain instructions are not supported by evidence is not well taken, nor can it be said that the verdict was without support in the evidence.
Binding no prejudicial error in the record, the judgment is affirmed.