Blancett

Plaintiffs appeal from a judgment ren-

dered against them in consequence of an order sustaining a demurrer to their complaint against defendants without leave to amend the complaint.

The action was for damages alleged to have been suffered by plaintiffs by reason of the malicious prosecution of a criminal action against them instituted and maintained by defendants. The gist of the complaint was that “the said defendants, by joint and concerted action, and while contriving and maliciously intending to injure said plaintiffs, falsely, maliciously and without probable cause, procured and caused, certain criminal process to be issued against said plaintiffs, by falsely, malicously and without probable cause,” making a certain specified statement “and others of like import” to a chief of police, by reason of which he made an affidavit and caused a search-warrant to issue as against the home of plaintiffs, and also caused a criminal complaint to issue against plaintiffs wherein they were charged with the commission of a designated criminal offense.

Without reference to what may be the necessary allegations in a complaint of the character of that here involved, the principal point…