Robinson

In this action for malicious prosecution, tried with a jury, plaintiff had judgment for $20,600. On motion for new trial the amount of the judgment was reduced to $10,000. From this amended judgment defendants appeal.

Appellants are husband and wife and respondent is the sister of appellant John F. McKnight. Appellant John F. McKnight swore to a criminal complaint charging respondent with assault with a deadly weapon upon the person of his wife, the other appellant. Upon this charge respondent was arrested, confined in jail for eleven days and, after a hearing before a committing magistrate, dismissed.

The incident out of which the criminal charge grew occurred at the home of appellants on the morning of December 14, 1925. On that morning respondent went to the home of the McKnights and saw Mrs. McKnight, Mr. McKnight having left for his office before respondent’s arrival. Although there was a maid present in the McKnight home during the interview, she was not present in the room with respondent and Mrs. McKnight and the only witnesses to what occurred during the interview are respondent and Mrs. McKnight. As to what occurred during that visit, which is agreed to have consumed…