case bird versus line a action on the case do not lie for a malicious suit  pendent light a action lie for know sue in a court where there be no  jurisdiction of the cause will c b bull Ni Pri and also for sue in a proper  court but proceed there vexatious Brownl Noy hob SC bull Ni Pri this be a  action upon the case in which the plaintiff declare quod predict defend  wickedly to contrive skilfully to stretch out self Eliz plaintiff minus rite  praegravar to press against imprisonare depauperare ex ill will svan praehabit  die June year annae Reg to lift up quandan complaint in cur palatii at  Westminster versus self Eliz complaint ill in cur predict prosecute to be  without aliquan causan rational while predict quer army cujusdam short catalog  de cap extra the same cur ad sect Self def June predict captain ac arrest to  be in prison the same cur pro diminution manucapt detent imprison to be per  interval dier ipse predict def bene sciens he himself no one legitim causan  action versus quer to have the defendant demurrer general I insist for the  defendant that this action do not lie for though a action on the case lie  against one who sue in a improper court where there be no jurisdiction of the  cause know it Lut vent skin S c show S c a and against one who sue in a proper  court but proceed there vexatious as by take out a become fac know that a  become fac have be execute before hob so where one sue out irregular process  or pursue legal process for a illegal purpose lev or where process be issue so  clandestine that the defendant have no notice of it till comens he be outlaw  or comens er p where so great damage be allege that the defendant can put in  bail side Mod S c keb S c lev S c a yet where a man bring a action and proceed  regular in a course of justice though the suit be without cause yet a action  on the case will not lie for if the plaintiff do not recover he shall pay cost  Lord Camden in the case of gosling v Wilcock will say there be no case in the  old book of action for sue where the plaintiff have no cause of action but of  late year where a man be malicious hold to bail where nothing be owe or when  be S malicious arrest for a great deal more than be due this action have be  hold to lie because the cost in the cause be not a sufficient satisfaction for  imprison a man unjust and put he to the difficulty of get bail for a large sum  than be due and this be agree by all the judge of England r b No man shall be  punish for sue out the king writ be it of right or wrong f n b f n b edit p g  b and the same rule be agree   light a hark   Litt a n c and the same thing be  resolve by all the judge cro Elizabeth and it be so resolve by the whole court  in a action upon the case for sue for tithe in the spiritual court after  payment to the party himself cro Elizabeth roll ab SC Noy SC and so it be  resolve by the whole court in a action upon the case for sue in the spiritual  court for tithe of gross hark   Litt a n show Mod S c d tree cro roll ab and  to this hale agree hard and in these case where it be resolve that a action  upon the case lie where there be any collusion in the proceed or abuse of the  process it be general agree that if a suit be bring without any cause where  there be no other ingredient or circumstance in the case a action upon the  case do not lie for that the law upon this subject be lie down in the follow  manner in ld raym in the case of Saville v Robert if a sue a action against b  for mere vexation in some case upon particular damage b may have a action but  it be not enough to say that a sue he false wickedly but be must show the  matter of the grievance special so that it may appear to the court to be  manifest vexatious and I apprehend it can be contend that a action upon the  case will lie where the plaintiff declare that the defendant commence a action  against he without any reasonable cause and upon which the defendant in the  first cause be by the process of the court arrest and carry to prison for want  of bail without say any more for the same declaration may be upon every suit  in westminsterhall and therefore if the other word wickedly to contrive  skilfully self to press against c or sciens he himself legitim causan action  non to have do not alter the case the action here do not lie but as to the  first word wickedly to contrive skilfully ex ill will praehabita c which be  add of course they can render the action maintainable if the fact allege in  the declaration be not in its own nature or have a tendency towards be illegal  covenous or oppressive vide roll Abr III so the word sciens he himself non to  have legitim causan action comens can render the action maintainable and upon  this I will offer this distinction where the fact allege in the declaration  appear to have a tendency to vexation or oppression there the allegation that  the defendant know the fact may make the action maintainable which otherwise  will not lie for there the fact be provable and triable and that notice of  this be give to the party may be well prove and therefore if there be a action  in a inferior court for a cause of action arise out of the jurisdiction there  the allegation that the party be sciens of that may make the action  maintainable for there the limit of the jurisdiction be matter of fact and  also the notice which the party have that the action arise out of those limit  be a fact which may be well prove and try so perhaps if a declaration allege  that the defendant bring his action for such a sum sciens that it be pay or  bring his action upon a bind sciens that it be forge the action may be  maintain for the sciens be allege of a fact which may be well prove but where  the sciens go to a thing which lie sole in the mouth of the party as in the  present case if the action be not otherwise maintainable the sciens will not  maintain it for if the sciens render the action maintainable it ought to be  traversable and capable of proof and trial but how shall it be prove that the  party know that he have no legal cause of action if he be so inform perhaps  that information do not persuade he if he himself declare so perhaps he be  afterward convince to the contrary this be a thing secret in his own mouth  only which can be prove then how shall it be try can a jury determine what  shall be a legal cause of action ad question fact respondent jurator ad  question law respondent judge this be not like to a action upon the case in  the nature of a conspiracy for a indictment without commendable causan for  there the indictment be matter of fact and the matter for which the party be  indict be a fact which shall be try by a jury if he be guilty or not and  therefore the jury may well try if there be a probable cause for such a  indictment or not but if the action in this case shall lie the plaintiff do  not show that the action in the inferior court be determine perhaps comens it  be not yet determine that judgement there shall be for the plaintiff sergeant  Parker contra argue that the case cite only prove that a action comens er p  upon the case do not lie for sue in a course of justice but if a man who know  that he have no cause of action commence a suit in a inferior court where bail  can be take and declare that this be for vexation and to detain he in prison  without bail when there never be any deal between they as the case now be to  be understand will not a action then lie and this may be well prove for it be  admit that if a action be commence for money which be pay or on a bind which  be know to be forge a action on the case will lie and why can it be prove that  a action be commence for vexation and with a intent to imprison as well as  that it be commence after the payment of the money c in the case lev it be  agree for the plaintiff that a action lie for a vexatious suit and levinz only  doubt because it be not allege quod to be sciens that he have no cause of  action and hob express say if a man sue in a proper court yet if his suit be  without any ground of truth and that certain know to himself the plaintiff may  have his action on the case for it though the suit in itself be legal and  Trevor c j incline to think that a action on the case will lie for the  declaration say that to be without rational causan as well as that the  defendant to be sciens that here be no cause of action but blencoe I observe  that it be not allege here that the cause in the inferior court be determine  to which the chief justice and the whole court agree and for that reason be of  opinion against the plaintiff but do not give any express opinion that the  other matter will be for the plaintiff and therefore the plaintiff be permit  to discontinue his action