case knight against german Trinity term Elizabeth roll a action will not lie  for indict a man for felony unless it he do malicious and without probable  cause post Jones Leon palm cro James latch cro car hawk p c term Rep term Rep  if judgement he recover for one sum and the exigent in sue to outlawry suppose  it another it be error error upon a judgement in a action upon the case two  error be assign first for that in the say action the then plaintiff declare  that whereas he be of good name and fame the now plaintiff intend to detract  from his name and fame and put his life in jeopardy do malicious cause a bill  of indictment of felony to he write and the same be so write at such a session  of the peace at Newgate exhibit the same to the grand jury el falsely de osuit  in all respects in she he who disregards before true whereupon he be indict of  the same felony and after arraign be find not guilty and thereupon bring the  action upon not guilty plead it be find for he for which he have judgement to  recover seventytwo pound for damage and cost where croak Elizabeth in fact  upon this matter show no action do lie second that the exigent upon the  judgement suppose only seventy pound be recover and not more as to the first  matter the court be in doubt but Wray c j say that this indictment be write  and prefer malicious it be not reason but a action shall lie to punish it and  if two conspire malicious to exhibit a indictment and the party he acquit he  shall have a conspiracy so when one do it this action upon the case lie but  schute and gawdy contra that the action do not lie for then every felon that  be acquit will sue a action against the party but for the second error they  hold clear it be well assign for there be no such judgement for seventy pound  and though it be the default of the clerk yet it can be amend to make the  outlawry good and it be move at another day the opinion of all the court be  that the action lie not when the indictment be prefer by the party grieve and  he pursue it accord to the law and the statute of Westminster which do give  damage where the party be acquit do prove this and this case remain at  commonlaw vide Henry ass pound Henry pl