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. *Page 532