case parker against langly in a action upon the case for a malicious  prosecution the plaintiff in his declaration must show what become of the  malicious prosecution S c ante S c pale yellow salk Parker chief justice  deliver the resolution of the court to be that the declaration be nought for  want of show what become of the former action whereas it ought to have be show  that that be false and hopeless as the declaration now stand the first suit  may either be determine or it may be desert or it may be still go on and non  constat which of these three be the matter of fact if the first non constat  whether determine for or against the plaintiff if for the plaintiff then there  be no colour for this action if the second be the matter of fact desertion be  a indication of its be false and hopeless and then indeed this action will be  maintainable and for this purpose there be a very strong case in W Jones if  the three be the matter of fact then the action be bring too soon in the reign  of Richard the three a yearbook Richard pl a it be hold by all the judge that  the first action must be first determine because non to come to know say the  book until what time to set bounds that the action be unjust b dyer hob b No  man can say of a action still depend that it be false or malicious the same  rule hold in criminal case c Yelv side sand keb c modern report in a action  for a malicious indictment the plaintiff must in his declaration show what  become of the indictment a verdict or a plea in bar admit and confess the  first action to be false and hopeless may cure this defect in a declaration e  raym keb keb e the admit this declaration to be good notwithstanding this  omission will introduce great absurdity videlicet inconsistent and incongruous  verdict in different action indeed if the first action go off by nonsuit it  may be say that in another action bring for the same cause there may be a  verdict give inconsistent with the verdict give in the present cause this may  be but the possibility of such a verdict in a future and not exist action  shall not hinder a man from bring such a action as this the entry f see Ashton  Brownlow redivivus Robinson f uphold this opinion judgement be give for the  defendant g see fisher v Bristol dougl Lewis v Farrel stram Morgan v Hugh term  Rep g obiter dictum by the chief justice in this resolution that where the  title be of one sort of action there the declaration can never change it to  another but it may make a fatal variance between the writ and the declaration  Ventris roll Rep