Fackrell v. McDonald

PRESTON (H. L.), J., pro tem.

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…