Carthew SAVILL versus roberts Trin will b r rot but adjudge mich will see SC  ld raym with note Mod SC I salk SC I Danv p p several sort of damage which be  a foundation for a action lev sand Mod Mod Mod show salk salk bridge side N B  m hob Inst lev skin vent error of a judgement in c b in a action on the case  in nature of a conspiracy bring by Robert against Savill and other for  malicious cause he Robert to be indict with other for a riot upon stop up a  way of which he have be duly acquit upon not guilty plead the plaintiff have a  verdict and upon a motion in the court of common plea in arrest of judgement  whether this action will lie or not it be hold by three judge that it will but  Treby Ch justice be of another opinion and now after several debate in b r the  judgement be affirm by three judge the other videlicet justice same Eyre be  dead et per holt Ch justice who lie it down for a rule that there be three  sort of damage either of which be a sufficient foundation for a action where a  man suffer damage in his fame and credit where any damage be do to his person  as by imprisonment battery c for that respect his liberty where a man suffer  any damage in his property wherefore in this case though the plaintiff have  not suffer d any damage in his fame or in his person yet because he have  suffer damage in his property by the expense lie out in his acquittal this  action will lie for no man who be indict can be discharge or acquit without  considerable expense and fee lie out to defend himself against the charge in  the indictment therefore this action be maintainable for the reparation of  this loss in his property and he distinguish between this action on the case  which be in nature of a conspiracy and a writ of conspiracy at commonlaw for  in this case the damage sustain be the ground of the action and not the  conspiracy but in the other case the action be find mere on the conspiracy and  if the defendant be convict thereon a villainous judgement be give against  they and Carthew therefore a writ of conspiracy do not proper lie in any case  but where the conspiracy be to indict the party either of treason or felony at  least by which his life be put in danger and that be the reason of the  villainous judgement but all other case of conspiracy mention in the old book  be but action on the case and not proper writ of conspiracy Edward ass pl h  Yelv cro sand raym in the case of sir Andrew Henley v Burstall that they shall  not be of any credit afterward nor lawful for they in person to approach the  king court that their land and good shall be seize into the king hand their  tree root up and their body imprison Carthew er p and if the defendant be all  find guilty in a action on the case in nature of a conspiracy yet no  villainous judgement be to be give against they but judgement only for the  damage sustain by the plaintiff that be the end of this action now in the  principal case the jury have find in that Robert be indict malicious and  without cause though the indictment be but for a trespass yet this reasonable  the plaintiff shall have judgement for the loss which the juror find he have  sustain by the malicious prosecution make by the defendant but withal the  chief justice express declare that these kind of action be not to be encourage  but that the judge before who any of they be try ought to hold the plaintiff  to a proof of express malice in the defendant in his prosecution by way of  indictment for if it do not appear that the prosecution be ground on malice  the action be not maintainable but the plaintiff must be nonsuit and a case be  cite which be thus a be indebt to b and c and b without the knowledge of c  take out process in both their name against a who afterward prosecute b upon  the t statute for so do but b be acquit and then he bring a action on the case  against a for this malicious prosecution but adjudge that will not lie because  b may have demurrer to the action on the statute for the case be not within  the statute and so it be his own fault that he be put to charge by the trial