Howe

The plaintiff had judgment in this action against the defendant in the sum of $8,000, based upon a charge of malicious prosecution. After the entry of judgment upon the verdict returned in said cause, the defendant’s motion for a new trial was granted, the order of the court being based upon insufficiency of the testimony, and that the verdict was against the law. From the order of the court granting a new trial the plaintiff has appealed.

The record shows that on or about the twenty-ninth day of October, 1928, the plaintiff obtained accommodations in a five-room house owned by the defendant and remained there until on or about the thirteenth day of November, 1928, when he removed therefrom without having paid for such accommodations. That the value of the accommodations furnished the plaintiff by the defendant was the sum of about $15. The house where the plaintiff obtained accommodations from the defendant is situate in the city of Eureka, county of Humboldt.

It appears, from the record that the plaintiff removed what household effects he had with him and used in the house just referred to, to the city of Santa Eosa. The record further shows that the plaintiff made no effort…