Kerschner

This is an appeal from a judgment in favor of respondent in an action for malicious prosecution.

The facts out of which the action arose are as follows: On September 17, 1928, an action was filed in the Municipal Court of Los Angeles County by appellants Bruhnke & Silver against P. E. Kerschner, the husband of respondent Evelyn Kerschner. A writ of attachment was issued directed to Charles R. Thomas, marshal of said court, with instructions to attach a Studebaker automobile which was owned by and in the possession of said respondent Evelyn Kerschner. Immediately thereafter respondent filed with said Marshal Thomas her verified third-party claim setting up her title, ownership and right of possession to said automobile and demanding its release from attachment. Thereupon appellants Bruhnke & Silver filed an amended complaint making said respondent a defendant therein, and caused an alias writ of attachment to issue, pursuant to which Marshal Thomas reattached and took possession of the automobile. Respondent filed answer to complaint, and on or about November 7, 1928, the matter came to trial in the municipal court and judgment was rendered against appellants Bruhnke & Silver and…