Selvester

This action was begun by the plaintiff against the defendant Horace Kennedy and one J. K. Miller, to recover damages in the sum of $6,600 for and on account of alleged malicious prosecution. Judgment was entered against the appellant in this action for the sum of $1600 and costs. From this judgment the defendant, Kennedy, appeals.

The record shows that the plaintiff, at the time of the beginning of this action, was, and prior thereto had been, a rancher and stockman residing in the western part of Shasta County, a region but sparsely settled. The plaintiff’s home or residence is situate on the southerly side of the main county road running northeasterly and southwesterly from the city of Redding. This place is also just west of the north fork of Cottonwood Creek, which runs in a northerly and southerly direction. Four or five miles farther east is Duncan Creek, running about parallel with the north fork of Cottonwood Creek. Between the two streams there are a couple of ridges or mountains. This country is uninhabited. A branch of the north fork of Cottonwood Creek is known as “Long gulch”.

On September 3, 1931, a fire was discovered in Long gulch. The defendant Miller and a crew…