Cochran

This is an action for malicious prosecution. Plaintiff had judgment. Defendant moved for a new trial which was denied, and this appeal is from the judgment and from the order denying the motion for a new trial.

Defendant went before the justice of the peace of Analy Township in Sonoma County and swore to a complaint charging the plaintiff with petit larceny in stealing a hog, upon which the justice issued his warrant and placed the same in defendant’s hands. Defendant Bones and plaintiff Cochran lived about a mile and a half from each other, and had so lived for several years, but had only a speaking acquaintance, and the defendant did not know plaintiff’s name. In April, 1902, one of defendant’s hogs strayed upon the farm of plaintiff, who did not know to whom the hog belonged. The said hog was seen on plaintiff’s place as often as once a week until October of that year, when plaintiff shut his hogs up for the purpose of feeding them, and drove this stray hog away repeatedly, but it kept coming back and he finally found it in the pen with his hogs and did not remember whether he put it there or not, but had no intention of appropriating it to his own use, but let it remain with…