Opinion
Submitted January 9, 1905
Decided January 17, 1905
Ralph Earl Prime, Jr., for motion.
Joseph Middlebrook opposed.
Motion granted and appeal dismissed, with costs, upon the ground that the action, being one to recover damages for malicious prosecution, is for a personal injury, within the definition of subdivision 9 of section 3343 of the Code of Civil Procedure, and hence under subdivision 2 of section 191 no appeal lies to this court from a unanimous affirmance, unless permitted in the way provided for in the section. Ten dollars cost of motion.