
    GEORGE BEBINGER, Respondent, v. BENJAMIN A. SWEET, Appellant.
    
      Malicious prosecution— evidence to sustain action for.
    
    In an action for malicious _ prosecution, it is not nenessary to allege or prove on the trial that the prosecution has terminated. (3 Greenl. Bv., § 453; Granger v. EM, 4 Bing. 3ST. 0., 313.)
    Appeal from a judgment entered .on the verdict of a jury in favor of plaintiff, and .from an order denying a motion for a new trial.
    
      Mead <& Burlingame, for the appellant. Amasa J. Parker, for the respondent.
   Opinion by

Boardman, J.

Present — Learned, P. J., Boardman and Bookes, JJ. ■

Judgment and order affirmed, with costs.  