Fackrell

This is an appeal by defendant Hugh McDonald from a judgment entered against him upon a verdict of a jury in the sum of $5,000 in an action for malicious prosecution. Appellant also appeals from the order denying him a new trial. The order denying a new trial is not appealable and for that reason the attempted appeal therefrom must be dismissed.

The plaintiff C. E. Faekrell brought this action in the superior court of Los Angeles County, alleging that the defendant Hugh McDonald did, maliciously and without probable cause, swear to a complaint charging him with the crime of grand larceny, and procured a warrant for his arrest upon that charge.

At the conclusion of plaintiff’s evidence defendant made a motion for a nonsuit upon the ground that plaintiff had failed to establish want of probable cause and the existence of malice in the criminal prosecution. This motion was denied. A motion for a new trial was made upon various grounds, which motion was also denied.

The facts necessary for a correct understanding of the questions involved in this appeal may be thus briefly stated: The plaintiff and respondent was, at the time of the transaction involved herein, a stock salesman,…