Krauskopf

Plaintiff obtained a judgment for five hundred dollars against the defendant as damages for malicious prosecution. The facts are that the defendant was the owner of a piece of realty in Solano County and plaintiff was his tenant under the terms of a written lease which provided for a division of the products of the ranch, one-third to the owner and two-thirds to the tenant; that in the year 1918, after the harvest, defendant went upon the leased premises to claim his share of the crop and while there discovered some sacks of grain lying in the field covered with straw; that he thereupon complained to plaintiff that he was not receiving his share of the grain, and after some dispute consulted an attorney at law and a justice of the peace; that, acting upon their advice, he swore to a complaint charging the plaintiff with larceny- that the defendant thereafter consulted another attorney at law and also the district attorney of Solano County, and as a result of said consultation was advised to and did swear to a complaint charging the plaintiff with embezzlement; that the larceny charge was dismissed without examination upon motion of the district attorney, and that the embezzlement…