Dawson

Plaintiff sued defendant for malicious prosecution. It was alleged in the complaint that defendant is and was employed by the county of Stanislaus as a deputy building inspector; that on January 6, 1954, before a justice of the peace, defendant falsely and maliciously and without probable cause charged plaintiff with willfully and unlawfully erecting a dwelling without first securing a building permit; that defendant prayed plaintiff be apprehended on the charge; that as a result plaintiff was arrested and deprived of her liberty, brought before a magistrate and arraigned to plead on said charge; that plaintiff was wrongfully deprived of her liberty until bail was arranged; that the charge was later dismissed and the prosecution ended; that plaintiff was not guilty of such charge; that the charge was made by defendant without probable cause to suspect plaintiff of guilt and was caused by defendant in furtherance of his expressed intent and design to prosecute plaintiff and involve plaintiff in expensive litigation; and that as a result plaintiff has been damaged in her credit and reputation in the community.

Defendant's demurrer to this complaint was overruled and he filed an…