Lacey

On October 13, 1891, defendant, Porter, made complaint against the plaintiff, Lacey, charging him with threatening to enter upon and detain, by force and violence, the lands of the Porter Land and Water Company, a corporation, in which Porter was a large stockholder. Upon this complaint the .justice of the peace' issued a warrant, and Lacey was arrested the same day, but being unable to give bail that evening was com *601 mitted to jail, where he remained seventeen hours. He was afterwards examined before the justice and discharged, and thereupon brought this action against Porter for malicious prosecution. A jury trial was had, and, at the conclusion of the evidence, the defendant moved the court to instruct the jury to render a verdict for the defendant. The instruction was given, and a verdict returned in compliance with the instruction, upon which judgment was entered. Plaintiff moved for a new trial, and this appeal is from the judgment and the order denying said motion.

Ho complaint was made by plaintiff other than that the prosecution was malicious and without probable cause; and these questions, he contends, should have been submitted to the jury. Some questions arising…