-SIMS, Justice. •
This action was instituted by Edward Jensen against Henry Oakes to recover $5,-400 damages on the ground that Oakes had maliciously prosecuted two forcible de-tainer warrants and one peace warrant against him. On the trial Jensen recovered $1,290 damages and in seeking a reversal ,of that judgment Oakes insists the trial judge erred: (1) In not sustaining his motion for a directed verdict to so much of the action as was based upon the forcible de-tainer warrants; (2) in not properly instructing the jury.