Nordholt

The only question presented by this appeal relates to the sufficiency of the complaint to support the judgment. The action is one of malicious prosecution. It arises from a suit brought by defendant against plaintiffs upon an alleged indebtedness of two thousand and thirty dollars, the issuance of a writ of attachment therein, and a levy upon these plaintiffs’ goods to satisfy that demand. This defendant recovered a judgment in that action in the sum of fifteen dollars. A general demurrer raises the question involved.

It is claimed by appellant: 3. The first count of the complaint shows there was probable cause for the action; 2. The second count of the complaint shows there was probable cause for the action; 3. The first count of the complaint does not show that the action has been legally and finally determined in favor of respondents.' As to subdivision 1 the complaint alleges: “"That in instituting said action, and in securing said writ of attachment, and in having the attachment levied as hereinafter stated, the said Nordholt acted maliciously and without probable cause, and that these plaintiffs were not indebted to him in said amount of two thousand and thirty dollars, or…