case norris against palmer a action in the nature of conspiracy lie after  acquittal for cause a person to be false and malicious indict for trespass the  plaintiff bring a action on the case against the defendant for cause he falsh  et wicked to be indict for a common trespass in take away one hundred brick by  which mean he be compel to spend great sum of money and that upon the trial  the jury have acquit he the defendant demurrer to the declaration barrel  sergeant jour the defendant say that the action will not lie and for a  precedent he cite a like judgement in the case of Langley v Clerle in the king  bench Trin in which action the plaintiff be indict for a battery with a intent  to ravish a woman and be acquit bring his action and the court after a long  debate give judgement for the plaintiff but agree that the action will not lie  for a common trespass as if it have be for the battery only but the ravish be  a great scandal and for that reason the plaintiff recover there but this be a  ordinary trespass and therefore this action will not lie but Pemberton  sergeant hold that the action will lie because it be in the nature of a  conspiracy and do false and malicious know the contrary and thereby the  plaintiff be put to great charge all which be confess by the demurrer modern  and the case cite on the other side be express in the point for the court in  that case can take notice of nothing else but the battery for the intent to  ravish be not traversable and therefore it be idle to put it into the  indictment it be now settle that a action on the case will lie for a malicious  arrest where there be no probable cause of action a hob comens salk cro  Elizabeth Lutw say vide lev a and this case be strong than that because in the  one the party be only put to charge and in the other both to charge and  disgrace for which he have no remedy but by this action modern er p the court  agree that the action will lie after a acquittal upon a indictment for a great  or lesser trespass the like for cite another into the spiritual court without  cause f n b d Edward pl Henry Fitzherbert conspiracy Edward pl the defendant  counsel consent to waive the demurrer and plead and go to trial