Jensen refused.to surrender possession of the apartment and'on August 25 Oakes instituted a. forcible detainer proceeding, which was dismissed without prejudice by the magistrate on September 19, upon Oakes failing to appear upon'the second call of the case. While that action was pending, Oakes, on August 28, obtained a peace warrant in the Louisville Police Court against Jensen, under which the latter was tried and acquitted. Oakes instituted a second forcible detainer proceeding under which Jensen was tried on September 26 and was acquitted.