Knight

This is an appeal from a judgment in the plaintiff’s favor for the sum of $5,547.30 in an action to recover damages for the eviction of the plaintiff from certain leasehold premises, which eviction the plaintiff asserts to have been accomplished through an action in unlawful detainer, the prosecution of which was malicious and without probable cause.

This is the second appeal presfented to the appellate tribunals in this case, the judgment rendered in the plaintiff’s favor for the sum of $10,449 upon the first trial thereof having been affirmed in this court (Black v. Knight, 23 Cal. App. Dec. 905), but reversed by the supreme court in Black v. Knight, 176 Cal. 722 , [L. R. A. 1918C, 319, 169 Pac. 382 ].) The fact that the case as now presented upon this appeal differs in certain material features from that considered by this court and by the supreme court upon the former appeal, both in respect to the parties defendant and to certain essential facts for the first time put in issue by amendments to the complaint, made after the reversal of the cause on the first appeal, upon which alleged facts the plaintiff and respondent relies for the support of his judgment upon the present…