Gordon

In this action the plaintiff sought judgment against the defendant for and on account of a certain alleged malicious prosecution. Judgment went for the defendant. The cause was tried before the court sitting without a jury. Findings were waived. From the judgment of the court the plaintiff appeals.

The alleged malicious prosecution consisted of .the filing of a complaint by the defendant, charging the plaintiff with the theft of a number of cattle. Complaint dismissed upon motion of district attorney.

The record shows that litigation has been pending between the defendant and the James J. Stevinson Corporation, of which the plaintiff in this action is the superintendent, for over twenty years. At the time of the occurrences mentioned in this action George Hatfield was the manager of 'both the James J. Stevinson Corporation and the Eastside Canal and Irrigation Company, and was the immediate superior of the plaintiff in this action.

While the various phases of the litigation between the parties herein are set out in the transcript, only that which pertains to this action need be considered.

In one of the actions the title of the Eastside Canal and Irrigation Company to an…