case parker against langly a declaration in a action on the case for a  malicious prosecution must show what become of the malicious prosecution S c  post S c pale yellow this be a action upon the case for a malicious  prosecution wherein the plaintiff declare that the defendant arrest he in the  sum of one hundred pound on purpose to hold he to special bail where not one  penny be due the defendant demurrer special and show for cause of demurrer  that the plaintiff have not in his declaration show what become of this  malicious prosecution they that argue for the defendant own that after a  verdict judgement can not have be arrest for this defect in the declaration  because it can not be intend that the plaintiff can have have a verdict unless  it have appear that the prosecution be malicious a Skinner v Gunter sand a but  upon demurrer and that a special one it be insist upon as a good exception for  no action will lie for a malicious indictment without show what become of the  indictment b case quote arguendo be Richard b salk Hobart Keilway b Godbolt  sander Jones siderfin Yelverton cro car the reason of all which case be find  in this that otherwise there may be a clash of jurisdiction and contrary  verdict as here it be possible that the defendant may be find guilty of a  malicious prosecution and it may afterward be adjudge in a proper place that  the prosecution be not malicious note to former edition b modern report it be  argue for the plaintiff that this action be find upon malice and bring for  hold to excessive bail which be collateral to the prosecution and therefore  not to wait the event of that of which if they do the statute of limitation  may possible bar they c style lev c it be urge that there be a difference  between a action upon the case for a malicious prosecution and a action of  conspiracy that in the latter the plaintiff must indeed show the former action  to be determine but then it appear from the register d Reg d that this do not  proceed from the nature of the action but the frame of the writ and this hold  to be the reason e vent Jones poulter case   cro James e the court incline in  favour of defendant say adjournatur f see post page where Parker chief justice  deliver the opinion of the court in favour of the defendant f