Gray

This is a motion to submit upon appellant’s opening brief, no points and authorities being filed on behalf of respondents. The motion being granted, we will consider the appeal on its merits.

From the complaint it appears that respondent Craig and the appellant entered into a contract whereby the possession of certain personal property was delivered by respondent Craig to appellant, who agreed to use and care for the same, and to deliver to respondent Craig fifty per cent of the yield therefrom for five years, and if the share delivered amounted to $4,000, appellant was to become the sole owner of the personal property so delivered.

Thereafter appellant alleges the respondent, actuated by express malice, caused an action to be filed against him in the justice’s court of Kern County, presided over by T. A. Baker, one of the respondents. Appellant defaulted and a judgment was entered against him. In due time an execution was issued and levied upon the property described in the agreement, and thereafter sold in partial satisfaction of the judgment.

It is alleged that the respondents conspired together to abuse the processes of the court and thereby to oppress and injure appellant…