Opinion by

This case was tried with the preceding case in the court below upon the same cause of action, the appellee having been joined as a defendant in .the same suit with William M. Humphreys. It was made very clear that the case was without probable cause as to the appellee, and we find no error in the action of the court in refusing to take the case from the jury. For the reasons indicated in the preceding case, the judgment is affirmed.