case porter against HUTCHMAN in a action for a malicious prosecution it be  sufficient for the plaintiff to state that he be fixed by law modus  acquietatus without add ind ante post dougl term Rep term Rep error of a  judgement in the common plea in action on the case in nature of a conspiracy  the error assign be because in the declaration it be suppose that he procure  he to be indict and to be imprison until he be fixed by law modus acquietatus  and do not say ind ware sergeant move that it be error for it be a word of  substance and the cause whereby he entitle himself to the action and he say  that this judgement pass sub silence in the common plea and that in two other  such action bring by the same party against two other be move in arrest of  judgement after verdict it be adjudge for the defendant a record be show in  this court in Hilary term Elizabeth roll pricket case where after verdict for  the plaintiff this exception be move in arrest of judgement and it appear upon  the roll that no judgement be give and Richardson chief justice say that he be  of counsel with the defendant and for this cause only the judgement be stay  Bulstrode for the defendant show that in easter term James roll bell v Gamble  a in the like action on croak car the case where the word ind be omit and  exception take for that cause yet after diverse motion in stay of judgement  and diverse continuances judgement be give for the plaintiff Jones and Berkley  justice be of opinion that the judgement shall be affirm a repeal by Geo c see  hawk p c edit vo a cro James croak car er p because it shall not be intend but  that he be acquietatus ind and not of any other matter and the precedent be  both way and in the writ of conspiracy ind be omit and by the same reason in  action upon the case the omission of ind be no cause to avoid the judgement  but Richardson chief justice and myself much doubt thereof by reason of those  two last judgement and of pricket case and conceive that the declaration be  ill for this omission for if he be not acquietatus ind it be clear a action  will not lie and therefore be the materialclause which maintain the action the  omission thereof be fatal for a declaration shall not be aid by intendment in  the point of the action and in the great part of the precedent in print the  word ind be in the declaration et adjournatur a